Berzansky v. Parrish Trial Court denied Father’s motion to modify custody of the parties’ minor child, which was registered as a foreign judgment in the Jefferson County Family Court. The Trial Court considered Father’s motion for modification of a custody decree pursuant to KRS 403.340(3), which states “If a Court in this state has jurisdiction...Read More

Carroll v. Carroll On March 10, 2015, Trial court entered an order granting joint custody of Minor Child to the Child’s biological mother and the biological mother’s wife. The petition for joint custody stated that the biological father was unknown. In February 2018, Biological mother filed a motion pursuant to CR 60.02(d) to set aside...Read More

May v. Harrison   Trial Court conducted an in camera interview of Minor Child pursuant to KRS403.290(1), which authorizes judges to conduct an in camera interview with children for purposes of ascertaining “the child’s wishes as to his custodian and as to visitation.” During this interview, the Trial Court asked Child questions regarding alleged sexual...Read More

ROBINSON V. ROBINSON Mother and Father were divorced in Kentucky. Mother subsequently relocated with minor child to North Carolina. The North Carolina court heard several custody and parenting time issues, after which Father challenged the Court’s jurisdiction. Pursuant to the UCCJEA, Kentucky found that it would be “an inconvenient forum and relinquished jurisdiction to the...Read More

KEITH V. KEITH Family court dissolved the marriage of Husband and Wife with three children after a DRC recommendation and evidentiary hearing. Each party filed exceptions to the DRC report, the Court sustained one and overruled the rest. Wife raised several issues on appeal. First, Wife argues that the DRC improperly adopted the findings and...Read More

FRY V. CAUDILL Stepfather filed a petition for visitation with stepchildren. Biological father’s rights had been terminated and although stepfather had not adopted the children, they had his last name, called him dad, and relied on him solely for financial support. Mother disagreed testifying the children were afraid of their stepfather. The family court ultimately...Read More

OFFICER V. BLANKENSHIP Husband and Wife entered into a Marital Settlement Agreement (“MSA”) which provided “Kentucky is considered the ‘home state’ of the children for all custody and time-sharing issues. Likewise, the parties understand that Kentucky shall continue to have ongoing, exclusive jurisdiction of all custody and co-parenting issues, unless the Court of another state...Read More

MIRANDA V. MIRANDA This matter came before the Court on two separate appeals involving the same parties. The facts of the first appeal concern the marital residence. Pursuant to the parties’ Marital Settlement Agreement, Husband was to pay Wife $15,000.00 after he refinanced the marital home within 90 days. The agreement separately stated that if...Read More

BALDWIN V. MOLLETTE, ET AL. Incarcerated father’s motion for visitation and access to his children was denied by trial court. The court of appeals reversed the trial court’s holding and remanded for another hearing as the trial court failed to make a finding regarding endangerment pursuant to KRS 403.320(1). “… a presumption for visitation exists...Read More

WILLIAMS V. WILLIAMS Due to Father’s history of sexual abuse, he was denied visitation with his minor children. After three years without contact, he filed a motion asking for visitation. After the court interviewed the children and reviewed their counseling records, pursuant to agreement of the parties, it entered an order denying Father’s motion. Father...Read More