PENNINGTON V. MARCUM 2006-SC-000642-DG PUBLISHED: AFFIRMING NOBLE PRESIDING COUNTY: BOYD DATE RENDERED: 10/23/2008 In this relocation case, SC addressed the nature of child custody, the effects of relocations, and when and how motions relating to relocation after a custody award should be brought.Read More
Frances v. Frances involves relocation issues arising prior to the entry of a final custody decree. These were also the facts in Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003). The Kentucky Supreme Court now recognizes that the effect of relocation must be viewed in light of whether it occurs pre- or post-decree. In making...Read More
Pennington v. Marcum, decided today by the Kentucky Supreme Court. Congratulations to Martha Rosenberg! I dreaded reading Justice Cunningham’s dissent, only to find him cite the “prestigious” AAML and our model relocation act as guidelines that could have given courts greater guidance than best interests. A good day! We will post more on the case...Read More
The Kentucky Supreme Court decided Coffman v. Rankin today, a 4 – 3 decision reversing the Court of Appeals and reinstating the trial court change in the primary residence of the parties’ two children, now 13 and 10 years old.Read More
Just as the Kentucky Supreme Court has three relocation related cases pending, Michigan has been struggling with the issue. Here is Jeanne Hannah’s post Mom’s relocation of 91 miles causes change in custody in Updates In Michicgan Family Law.Read More
HB383 was filed today with posting waived. It should be online tomorrow and we’ll link to it when available. It will be heard in the house judiciary committee in Frankfort on Wednesday, January 30, 2008. It mirrors with few exceptions the AAML Model Relocation Act, available here. Update: HB383 is online here. UPDATE: Still in...Read More
Kentucky Court Report has collated and posted the following which includes links to briefs in which oral arguments are set December 13, 2007 before the Kentucky Supreme Court in two relocation cases:Read More
