A thoughtful comment was posted to Murphy v.Murphy, digested here. As comments can be almost lost below the fold, I thought this one From Donald W. Aaron in Florence deserved posting in its entirety. I was in the courtroom for this case when the wife appeared pro se and requested that the judge vacate his...Read More

Murphy v. Murphy, –S.W.3d – (Ky. App. 2008), 2007-CA-002298-ME The parties shared joint custody and equal parenting time of their three children. More than a year after the parties’ last interaction with the court, the father moved to modify custody. He mailed the motion/notice to the mother’s attorney of record. The mother’s attorney of record...Read More

BEARDEN V. MAULDIN 2007-CA-001888 PUBLISHED: REVERSING IN PART, VACATING IN PART, AND REMANDING PANEL: BUCKINGHAM PRESIDING; LAMBERT AND MOORE CONCUR COUNTY: JEFFERSON Mom appealed from TC’s order denying her motion to set aside TC’s judgment awarding permanent custody of Daughter to Paternal Grandparents. Mom further appealed from TC’s order denying her motion for visitation, where...Read More

MCKINNEY V. MCKINNEY 2006-CA-002132 PUBLISHED: REVERSING AND REMANDING PANEL: DIXON PRESIDING; NICKELL, GRAVES CONCUR COUNTY: JEFFERSON Ex-Husband appealed from TC’s order imputing to him a monthly income of $8,000 for the purposes of establishing child support in accordance with the Kentucky Child Support Guidelines.Read More

McKinney v. McKinney, court imputed income to part-time attorney and real estate “flipper” but did not make finding he was voluntarily underemployed and did not set out more specific findings. Since findings are essential to this judgment, case was reversed for further findings. A digest will follow. There is no link to the case here...Read More

Oral arguments in Thomas v. Thomas, digested here, will be held January 16, 2008 at 11:00 a.m. Kentucky Court Report has the links to the briefs and live cam here.Read More

Pursley v. Pursley, —S.W.3d—, 2007 WL 4126464 (Ky. App. 2007). Dad appealed Family Court’s order modifying joint custody of Daughter to sole custody with Mom, and restricting Dad’s visitation to weekly supervised visitation. Dad alleged that Circuit Court erred by treating the Exceptions he filed as a Motion to Alter, Amend or Vacate and by...Read More

Miller v. McGinty, ___S.W.3d___(Ky. App. 2007)Read More

As family courts struggle with huge caseloads and as a movement to informalize procedure gains ground, Family Law Prof Blog has this to say about Elkins v. Superior Court (California Supreme Court, August 6, 2007) The California Supreme Court has invalidated a county court rule that required divorce trials be submitted on written declarations and...Read More

A recent Missouri case holds that a party seeking to enforce a prenup must raise the issues in a pleading. Failure to do so prevents the court from enforcing the prenup. Homan v. Holman, which can be found here. In pleading to a preceding pleading, a party shall set forth all applicable affirmative defenses and...Read More