Cabinet for Health and Family Services v. Batie, et al. No. 2021-CA-0580-ME Boyd County Circuit Court The Cabinet for Health and Family Services (“CHFS”) appealed an order granting custody of a minor child to Grandmother and Uncle of the minor child due to the family members lacking standing to pursue such custody order.  The Kentucky...Read More

Cabinet for Health and Family Services v. Baker, et al. Bullitt Circuit Court On June 9, 2020, the Cabinet for Health and Family Services (the “Cabinet”) filed petitions for three siblings in the Bullitt County Family Court and opened a Dependency, Neglect, or Abuse (“DNA”) case. The same day, an order was entered, removing the...Read More

Gambrel v. Croushore ex rel. Villarreal Campbell Circuit Court The issue in this case was whether court-appointed guardians ad litem (“G.A.L.”) enjoy absolute quasi-judicial immunity from malpractice claims arising from their role in child custody proceedings. Absolute immunity against suits for money damages has been extended to non-judicial officers performing quasi-judicial duties. Kentucky extends quasi-judicial...Read More

EVANS V.HESS, ET AL. The Kentucky Court of Appeals addressed three appeals stemming from the same Boone Family Court post-dissolution case: 2013-CA-002072-ME The first appeal filed by Father challenges the court’s subject-matter jurisdiction, custody modification, and child support modification. Father first argues the Kentucky court lacked subject-matter jurisdiction because the Petition was filed in Kentucky...Read More

ROBISON V. THEELE, ET AL. Mother lived with her parents (hereinafter “grandparents”), and passed away after treatment for cancer, which mother underwent during dissolution proceedings. Father exercised visitation regularly during the proceedings and mother’s cancer treatment. At the time of the Mother’s death, the Trial Court awarded Grandparents a “status quo ex parte” order to...Read More

HOSKINS V. HOSKINS The Circuit Court used the report and investigation of a Guardian Ad Litem (GAL) to make findings a custody modification was appropriate. The Appellate Court applied Morgan v. Getter, 441 S.W.3d 94 (Ky. 2014) and held the Circuit Court “erroneously appointed the GAL to represent the child and to conduct an investigation...Read More

Morgan V. Getter and A.G., A Child Issue   In a custody matter, can a Guardian Ad Litem (“GAL”) serve as both an attorney for the minor child involved in the custody dispute, as well as an investigator for the Family Court?   Facts  Read More

Morgan v. Getter, et al. Digest to follow.Read More