The digest follows for Nordike v. Nordike, 2004-CA-002242-MR, designated not to be published. Discretionary review was granted by Supreme Court 5/10/06 and oral arguments were held 5/17/07. You can read the briefs filed in the Kentucky Supreme Court here, courtesy of SCOKY Blog, via Chase Law School.Read More
Wallace v. Wallace, –S.W.3d –(Ky. App. 2007) Issues and Holdings: 1. Whether under the UCCJEA Kentucky has jurisdiction to modify the visitation order as to all, none, or only the oldest child, who has resided in Kentucky for a period exceeding six months. The Court held that the trial court had continuing jurisdiction to modify...Read More
Rankin v. Coffman. UPDATE: Discretionary review granted by Kentucky Supreme Court August 15, 2007. Issue and Holding: Whether the trial court had subject matter jurisdiction in a modification of child custody case. The Court held no, the trial court did not have proper subject matter jurisdiction.Read More
This case is not yet final. Gibson v. Gibson, __ S.W.3d __ (Ky. App. 2006), 2006 WL 3751413 (Ky. App.) Issue: If both parents and child relocate from Kentucky where the original orders of custody and child support were entered, does Kentucky retain jurisdiction to then modify the orders and/or to enforce the orders?Read More
In an opinion rendered today which is designated to be published, but not yet final, the Kentucky Court of Appeals held KY lacked jurisdiction under the UIFSA to modify support as neither parent nor the child resided any longer in KY, but retained jurisdiciton to enforce its judgment as to arrearages. Gibson v. Gibson.Read More
The Vermont Supreme Court decided a jurisdictional custody dispute between partners to a Vermont civil union, which revolved around the Parental Kidnapping Protection Act and the Uniform Child Custody Jurisdiction Act. The court rejected the argument that the federal Defense of Marriage Act might supersede either of those laws.Read More
Jeffrey v. Jeffrey, 153 SW3d 849 (Ky.App., 2005) KRS 454.220, enacted in 1992, supersedes prior case law and permits a divorce court in Kentucky to assert long arm jurisdiction to distribute marital property, wherever located, and to set spousal support where Kentucky was the matrimonial domicile and the action was filed within one year of...Read More
