The Supreme Court of Kentucky held that service of the notice of appeal upon a child’s guardian ad litem is sufficient to provide adequate notice to the child and to confer jurisdiction over that child to an appellate court.Read More

Husband argued that Family Court failed to properly allocate the sale proceeds between him and Wife. The Court of Appeals held that Family Court did err in its allocation of the sale proceeds after satisfaction of KFB’s claims. The mortgage was a nonmarital debt since the mortgage was granted after the entry of the decree...Read More

J.S.B. v. S.R.V. Livingston Circuit Court Questions Presented: Child Custody. Issues involve attempted adoptions of two children to terminate their biological father’s rights (without terminating their mother’s parental rights) as well as the applicability and viability of the parental “waiver” decision of Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010). The issues decided by the...Read More

Bond v. Bond Carter Circuit Court During a dissolution of marriage action, Husband had a medical malpractice claim pending. Family Court reserved the issue of classification of any award. After the claim was settled, although the settlement did not classify the awards by type, the money from several medical malpractice actions were pooled and divided...Read More

Paoli v. Paoli Marion Circuit Court After a hearing and order in a dissolution of marriage action, Husband appealed arguing that Family Court erred in its valuation of the marital items of personal property divided between the parties. The only party who presented testimony regarding the value of the personal property was Wife, which was...Read More

The two issues decided by the Supreme Court of Kentucky in this case were (1) whether the juvenile division of District Court has exclusive jurisdiction over IPO cases involving a minor petitioner and/or respondent; and (2) whether an unrepresented minor that is a petitioner or respondent to an IPO action must be appointed counsel.Read More

At issue in this case was (1) whether statements of a child to a treating therapist regarding alleged abuse constitute inadmissible hearsay; (2) whether statements of a child to a treating therapist regarding the alleged perpetrator of abuse constitute admissible hearsay; and (3) whether the trial court erred by failing to give more consideration to...Read More

he Supreme Court disagreed. CR 52.01 requires the trial court to finds the facts specifically and state separately its conclusions of law thereon and render an appropriate judgment.Read More

Burgess v. Chase Hardin Circuit Court Grandmother moved to intervene in custody action between Mother and Father, requesting to be considered Child’s de facto custodian and be awarded custody of child. At the hearing on the matter, Grandmother introduced evidence that she provided the majority of care and support of Child with her in Kentucky....Read More

K.D.H. v. Com., Cabinet for Health & Fam. Servs. Spencer Circuit Court After the Cabinet for Health and Family Services (“the Cabinet”) petitioned to terminate Mother’s parental rights, Family Court held a hearing, ultimately terminating Mother’s parental rights. Mother appealed. The Court of Appeals held that there was no clear and convincing evidence that the...Read More