T.R.F. v. D.A.H. Jefferson Circuit Court Biological Father and Mother were in a relationship for approximately ten years but never married. They had two children. The relationship was tumultuous, as Biological Father abused alcohol and was often intoxicated, during which time he was often abusive to Mother, which the Children witnessed. In a custody case...Read More

As part of a dissolution of marriage with children or a custody case, the court will determine the custody arrangement that is in the best interest of the children. A child’s legal custodian makes decisions regarding the child’s education, health care, and religious training. The parent that the court determines should be the legal custodian...Read More

Iqtaifan v. Hagerty Jefferson Circuit Court Questions Presented: Family Law. Foreign Judgments. Writ of Mandamus. Opinion of the Court affirming the Court of Appeals’ denial of a writ of mandamus against family court judge for failure to dismiss a petition for dissolution of marriage on grounds that the parties were already divorced under the laws...Read More

S.S. v. Cabinet for Health and Fam. Servs., Com. Ohio Family Court After giving birth to Child, Mother suffered many medical issues, which prevented her from providing the level of care she wanted to give Child, leaving the care mostly to Father. Child was suffering from diarrhea and vomiting, prompting Mother to call the pediatrician....Read More

M.C. v. Com., Cabinet for Health and Fam. Servs. Calloway Circuit Court Questions Presented: KRS 600.020(1). Abused or Neglected Child. Sufficiency of Evidence. Evidence of parent’s consumption of alcohol was not sufficient to support a finding that the children were abused or neglected under the statute and did not warrant removal. Father is the biological...Read More

Elderserve, Inc. ex rel. Brooks v. Hagerty Jefferson Circuit Court Questions Presented: Writ of Mandamus. Guardianship. Dissolution of Marriage.  While affirming the denial of a writ of mandamus, the Court overrules Johnson v. Johnson, 170 S.W.2d 889 (Ky. 1943) to the extent it strictly prohibited a guardian from initiating an action for dissolution of marriage...Read More

Blackaby v. Barnes Shelby Circuit Court Questions Presented: Grandparent visitation. Adoption. Under circumstances involving a maternal grandmother’s adoption of a child which was being contested by the father at the time of his death, with no notice to the paternal grandfather of either the adoption proceeding or the possibility that ongoing visitation would not continue,...Read More

A.K.H. v. J.D.C. Jefferson Circuit Court In December of 2014, Biological Father intentionally drove his car into his and Mother’s residence while Mother and Child were inside the home, which resulted in criminal charges being filed against him. He pleaded guilty to felony wanton endangerment, and a domestic violence order was also entered prohibiting him...Read More

Kentucky requires that the parties have been separated, or have “lived apart”, for a period of 60 days, which can include living under the same roof without sexual cohabitation, before the court can grant a decree of legal separation or dissolution of marriage. KRS 403.170(1). You do not need to obtain a separate home to...Read More

Jones v. Jones Fayette Circuit Court Glynis was married to Johnathan’s deceased brother. Glynis petitioned for an interpersonal protective order (IPO) against Johnathan. At the hearing, Glynis testified that she and Johnathan had not seen or spoken to each other for several years before her husband’s death. However, thereafter, they checked in on each other...Read More