Applying Craig, the Kentucky Supreme Court found there was no showing of necessity, other than convenience to the witness, of balancing the victim’s interests that justified the surrender of the Defendant’s constitutional right of confrontation.Read More

The Court held that U.S.C. § 922(g)(8)’s complete deprivation of an individual’s ability to possess a firearm was materially different than a sureties’ possible disarmament, if violated, and was therefore unconstitutional.Read More

In re: Michelle Dougherty-Kelsay v. Michael Stephen Kelsay U.S. Court of Appeals for the Sixth Circuit Family Court ordered Mother to pay monthly child support and 32% of childcare expenses to Father. Shortly thereafter, Father filed for contempt due to Mother’s refusal to pay certain child related expenses. Child then incurred certain medical related expenses,...Read More

J.B-K, minor child 1, by Next Friend E.B., et al., v. CHFS and DCBS U.S. Court of Appeals for the Sixth Circuit A group of foster caregivers brought a class action lawsuit on behalf of themselves and foster care children against the Cabinet for Health and Family Services and Department for Community Based Services for...Read More

We are pleased to announce that Emily T. Cecconi has completed the National Family Law Trial Institute, a week-long intensive litigation skills course in Houston, Texas dedicated exclusively to family law. The program is led by nationally acclaimed faculty and focuses on the following areas: Techniques for direct and cross examination of lay witnesses and...Read More

Kentucky’s custody and parenting time statue does not favor a mother over a father. Instead, Kentucky courts apply a best interest standard to determine a parenting time schedule that is in the best interest of the child. There is a rebuttable presumption that equal parenting time is in the child’s best interest. While a father’s...Read More

It is not uncommon for married couples to hold title to assets in the name of only one spouse. Most often, couples will hold a joint savings or checking account and also have separate banking, investment, and retirement accounts. In Kentucky, all assets acquired during the marriage are presumed to be marital property and subject...Read More

An Emergency Protective Order (EPO) is a temporary order of protection from domestic violence and abuse. An EPO can be issued without a hearing or notice to the other party. A judge who receives a petition for an EPO must determine whether there is an “immediate and present danger” of domestic violence and abuse. Once...Read More

In Kentucky, debts accumulated during the marriage are treated differently than assets acquired during the marriage. Unlike assets, there is no statutory presumption that debts accumulated during the marriage are marital. To determine if a debt is marital or non-marital, courts look to the following factors: (1) who received the benefits for which the debt...Read More

In Kentucky, a child support order ends when a child turns eighteen, unless the child is still enrolled in high school, in which case, child support will continue until the end of the school year in which the child turns 19. In certain circumstances, such as when an adult child is disabled, child support may...Read More