Wagner v. Wagner Parties entered into a property settlement agreement which required Former Husband to make monthly mortgage payments on the marital residence until such time that Former Wife “decided to sell” the property. Former Wife listed the marital residence for sale, but did not receive any offers. Former Husband ceased making mortgage payments, resulting...Read More
Hamilton v. Duvall Grandparents filed a petition pursuant to Kentucky’s grandparent visitation statute (KRS 405.021(3)) seeking visitation with the Child of their recently deceased son. Family Court awarded Grandparents visitation with the Child in accordance with the same visitation rights the Father would have been allowed were he still alive. This decision had the effect...Read More
Dellapenta v. Goldy A Kentucky Trial Court exercised jurisdiction over a custody case pursuant to KRS 403.822(1)(d) when it found that neither Kentucky nor Colorado were the “home state” of the Children as defined by KRS 403.822(a). Father resided in Kentucky and Mother moved to Colorado with Children in April 2015. In June 2015, just...Read More
K.S. v. B.S. In a Dependency, Neglect, or Abuse proceeding, Family Court entered an order finding that Father sexually abused Child. Father moved the court to order visitation with the child and after a final hearing, the Family Court entered an order granting the Father’s motion to re-establish visitation. In its findings, the Family Court...Read More
Thurman v. Thurman Trial Court entered a DVO against Father. Nothing in the record of the domestic violence hearing showed that a summons was served on Father. Mother argued the summons was served on Father at his last known address and that Father told Mother he was aware of the date of the hearing. The...Read More
C.F. v. Commonwealth of Kentucky Trial court committed a minor to the Cabinet for Health and Family Services for habitual truancy at a dispositional hearing. The minor argued that his due process rights were violated when the Trial Court failed to take any sworn testimony and the parties were not given the opportunity to present...Read More
N.B.D. v. Cabinet for Health and Family Services; N.M.D.J., A Minor Child; R.D.; and F.J. Under the Immigration and Nationality Act, an undocumented juvenile immigrant may apply for permanent residency by obtaining special immigration status. To obtain special immigration status, the immigrant child must present findings to a state juvenile court that satisfy certain criteria....Read More
Smith v. McGill After rendering a custody decision in favor of mother, the trial court ordered father to pay mother’s attorney’s fees pursuant to KRS 403.220. The trial court made its decision after considering the father’s annual income of $32,000.00, the mother’s annual income of $41,000.00, and the father’s lack of candor and cooperation which...Read More
Cabinet for Health and Family Services, Commonwealth of Kentucky on Behalf of the Minor Child C.R. v. C.B. Trial court found child born with drugs in her system to be neglected by Father who had a history of drug addiction, was not compliant with his case plan with the Cabinet, and had a previous involuntary...Read More
Clark v. Parrett Family court entered a DVO against former live in boyfriend based solely on girlfriend’s petition and without conducting an evidentiary hearing. While boyfriend consented to staying away from girlfriend at the family court hearing, the hearing only lasted only one minute and thirty-three seconds and neither party presented sworn testimony. The boyfriend...Read More