Family Law

Atkisson v. Atkisson, Ky COA, Marital and Nonmarital Property, Fees, Temporary Maintenance, Garnishment and Judgment Lien

Posted on November 19, 2009
Atkisson v. Attkisson and Atkisson v. Atkisson (consolidated appeals, separate opinions) ___S.W.3d____ (Ky App. 2009) and ___S.W.3d____(Ky App. 2009) Husband appealed the trial court?s division of marital property, award of temporary maintenance, award of attorney fees, and denial of relief to quash garnishment writs and judgment lien...

Temple v. Temple, Child Custody, Ky COA

Posted on November 19, 2009
Temple v. Temple, ____S.W.3d____(Ky. App. 2009) Karen is the adopted daughter of Cheryl and Phillip. At the time of the adoption, Karen was classified as severely emotionally disturbed. When the parties divorced, Karen remained with Cheryl. In 2003, at seventeen years old, Karen had a child, N...

No To Be Published Ky COA Family Law Opinions This Week

Posted on November 06, 2009
We are up-to-date in posting all Kentucky published family law opinions.

No Ky S.Ct. To Be Published Family Law Opinions This Month; Review Granted In One

Posted on October 29, 2009
The Kentucky Supreme Court accepted discretionary review of one unpublished family law case, Noe v. Artrip. The issues are whether a thrift saving plan withdrawal is income for child support calculation and whether a non-custodial, non-disabled parent is entitled to a credit toward his/her child support based on the child's receipt of social security benefit paid on account of the other parent's disability.

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Money v. Money, Ky COA, Modification of Marital Settlement Agreements

Posted on October 27, 2009
Money v. Money, ____S.W.3d____ (Ky. App. 2009) Ex-Husband appealed from TC?s order assigning him additional marital debt subsequent to a marital settlement agreement (?MSA?), arguing that MSA was ambiguous and that TC erred by assigning him additional debt, which he alleged was unknown at the time of MSA...

Snodgrass v. Snodgrass, Ky COA, CR60.02(f), Military Retired Pay

Posted on October 19, 2009
Snodgrass v. Snodgrass, __ S.W.3d __ (Ky. App. 2009) In divorce proceedings, the parties agreed on all issues, except for the division of husband?s military retirement. Husband served in the military for approximately 4 years prior to the parties? approximate 14 year marriage...

Two Published Ky COA Family Law Opinions Today

Posted on October 16, 2009
Money v. Money. Investment account had margin debt but agreement allocated account to wife and provided that husband pay all debt except mortgage and two credit cards. In enforcing agreement court assigned margin debt to husband and was affirmed. Snodgrass v...

Crowder V. Rearden, Ky COA, Civil Contempt

Posted on October 13, 2009
Crowder v. Rearden, __ S.W.3d __ (Ky. App. 2009) This is a companion appeal to Rearden v. Rearden, No. 2006-CA-002362-MR. Kimberly Joy Crowder, formerly Rearden, appealed from two orders, in which the trial court found her in contempt for failure to cooperate with the sale of the marital residence and for failure to pay her portion of the mortgage...

Ky COA, Jail Sentence For Civil Contempt

Posted on October 12, 2009
Crowder v. Rearden, decided last Friday, is still not on the minutes. We mention this because the link provided is to a scanned copy which will not automatically be updated. The Westlaw cite is 2009WL3231360. Digest to follow.

Proposed Amanda Ross Domestic Violence Prevention Act (Kentucky)

Posted on October 12, 2009
Here is the link to the pre-filed bill, BR251, relating to a global positioning monitoring system amendment to Kentucky?s domestic violence statute. It would also permit a petitioner to request that the respondent be prohibited from going to certain designated places requested by the petitioner...

Rearden v. Rearden, Ky COA, Classification Of Property, Attorney Fees

Posted on October 12, 2009
Rearden v. Rearden, __ S.W.3d __ (Ky. App. 2009) The parties divorced after approximately 6 months of marriage. No children were born during the marriage. Thus, the primary issues at trial and on appeal concerned the classification of assets as marital or non-marital property: Down payment on marital residence: The trial court classified the husband?s pre-wedding down payment of $3000...

Today's Ky Court of Appeals Published Family Law Opinions

Posted on October 09, 2009
Rearden v. Rearden, concerning classification of marital/nonmarital property and award of fees in dissolution. A digest will follow. The case mentions a companion contempt appeal considered simultaniously, Crowder v. Readen, but we don't see that one posted in the minutes...

Daunhauer v. Daunhauer, Ky COA, Modification of Maintenance

Posted on September 29, 2009
DAUNHAUER v. DAUNHAUER, ___S.W.3d___ (Ky. App. 2009) PUBLISHED: REVERSING ACREE PRESIDING; NICKELL AND SENIOR JUDGE KNOPF CONCUR COUNTY:JEFFERSON Ex-Ex-Husband appealed from TC?s order denying his motion to terminate his maintenance obligation, arguing that Ex-Wife was no longer dependent upon that maintenance to meet her needs...

Mauldin v. Bearden, Ky. S. Ct., Child Custody, CR 60, Continuing Jurisdiction

Posted on September 25, 2009
Mauldin v. Bearden, ___S.W. 3d___ (Ky. 2009) PUBLISHED: REVERSING OPINION BY JUSTICE NOBLE; ABRAMSON, CUNNINGHAM, SCHRODER, AND VENTERS, JJ., CONCUR; MINTON, C.J., CONCURS IN RESULT ONLY COUNTY: JEFFERSON Paternal Grandparents appealed from CA decision reversing Jefferson Family Court?s (FC?s) order denying Mom?s motion to set aside FC's judgment awarding permanent custody of Daughter to Paternal Grandparents and her motion for visitation, where FC found that it lacked jurisdiction to consider visitation...

Ky Court of Appeals Publishes One Family Law Opinion Today

Posted on September 04, 2009
Daunhauer v. Daunhauer, COA reversed trial court?s denial of motion to terminate maintenance. Discussion of rehabilitative maintenance. Digest to follow.

Goldstein v. Feeley, Ky. S. Ct., Jurisdiction, Writs of Prohibition and Mandamus

Posted on September 04, 2009
Goldstein v. Feeley, __ S.W.3d __ (Ky. 2009) A limited Decree of Dissolution was entered in 2003, dissolving the marriage of Ruby JoAnn Young-Layer and Robert James Layer and reserving the remaining issues, including the division of marital property, for future determination...

Young v. Holmes, Joint Custody, Ky COA Affirmed Order Of Religious School

Posted on September 03, 2009
Young v. Holmes, __ S.W.3d __ ( Ky. App. 2009) The parties share joint custody of their minor child and could not agree as to where the child should attend kindergarten. The trial court held a hearing and found that it was in the best interests of the child to attend St...

P.C.C. v. C.M.C., Ky COA, Step-parent Adoption, Termination Of Parental Rights,Due Process

Posted on September 02, 2009
P.C.C. v. C.M.C., __ S.W.3d __ (Ky. App. 2009) P.C.C. appealed the judgment of adoption which effectively terminated his parental rights and allowed the child?s stepfather to adopt him. P.C.C. and K.R.C. were married and had a son. The parties divorced and agreed that K would have sole custody and P would have a set visitation schedule with the child...

Two Ky Court of Appeals Published Opinions Released August 28, 2009

Posted on August 31, 2009
Young v. Holmes No error nor constitutional violation where trial court determined the child?s best interests would be served by the child attending the father?s choice of parochial school when parents could not agree. Wilder v. Wilder After decree entered one party received 2008 federal stimulus check based on parties? 2007 income...

Two Ky Supreme Court Family Law Published Opinions Rendered August 27, 2009

Posted on August 31, 2009
Mauldin v. Bearden Questions Presented: Child Custody and Visitation. Issues include whether Kentucky retained jurisdiction over visitation under KRS 403.824, a UCCJEA provision adopted in 2004. Goldstein v. Feeley Questions Presented: Petition for writ of mandamus and prohibition properly denied where there was an available remedy through an interlocutory appeal of an injunction via CR 65...

One To Be Published Ky COA Opinion August 21, 2009

Posted on August 25, 2009
C. ( P.C.) v. C. (C.M.) , step-parent adoption reversed where no substantial proof of abandonment by natural father. Digest to follow.

We're Up-To-Date

Posted on August 07, 2009
There have been no Kentucky to be published family law opinions the past few weeks. We are up-to-date.

Lawson v. Lawson, Ky COA, Marital Settlement Agreement, CR 60.02

Posted on July 20, 2009
Lawson v. Lawson, ___S.W.3d __ (Ky.App. 2009); 2008-CA-000824-MR The parties divorced in 2006. The wife sought and received an expedited divorce without conducting discovery into the extent of the marital estate. In the settlement agreement, wife received approximately 4 million dollars of assets and immediately began accepting the benefits of same following the divorce...

Lawson v. Lawson, Ky COA, Marital Settlement Agreement, CR 60.02 Corrected)

Posted on July 20, 2009
Oops! Wife received $24 million in the settlement. What's another $20M? Lawson v. Lawson, ___S.W.3d __ (Ky.App. 2009); 2008-CA-000824-MR The parties divorced in 2006. The wife sought and received an expedited divorce without conducting discovery into the extent of the marital estate...

Stipp v. Charles, Ky COA, Venue, Division Of Marital Property, Amount Of Maintenance

Posted on July 13, 2009
STIPP V. CHARLES TO BE PUBLISHED: AFFIRMED PANEL: ACREE PRESIDING; NICKELL AND KNOPF CONCUR COUNTY: JEFFERSON DATE RENDERED: 7/2/2009 Ex-Husband appealed TC?s order finding that he waived his objection to improper venue and dividing marital assets and awarding maintenance, claiming error...

No Ky COA Family Law To Be Published Opinions July 10, 2009

Posted on July 13, 2009

One To Be Published COA Opinion Rendered Today

Posted on July 02, 2009
Stipp v. St. Charles, re venue, division of marital property, maintenance. Digest to follow.

Holland v. Holland, Motion Required Before Child Support May Be Modified

Posted on June 22, 2009
Holland v. Holland, __ S.W.3d __ (Ky. App. 2009), 2008-CA-002115-ME At the time the parties divorced in 2007, the father was living in Hardin County, Kentucky and the mother was living in Jefferson County, Kentucky. The trial court entered an order outlining various contingencies regarding parenting time and child support...

Ky COA Decides Child Support Modification Case Today

Posted on June 19, 2009
Holland v. Holland, digest to follow.

Howard v. Howard, Ky COA, Child Support Modification, Discharge Of Debt In Bankruptcy

Posted on June 16, 2009
HOWARD V. HOWARD CHILD SUPPORT MODIFICATION; DISCHARGE OF MARITAL DEBT IN BANKRUPTCY TO BE PUBLISHED: AFFIRMED PANEL: SENIOR JUDGE LAMBERT PRESIDING; CLAYTON AND THOMPSON CONCUR COUNTY: LAUREL DATE RENDERED: 6/12/2009 Dad appealed TC?s finding that he was voluntarily underemployed and corollary order denying his motion for modification of child support, as well as TC?s finding that Dad was in contempt for his failure to pay a deficiency judgment related to a marital debt...

One To Be Published Family Law Opinion Issued By Ky COA June 12, 2009

Posted on June 14, 2009
Howard v. Howard The issues presented here are whether the trial court was clearly erroneous in its determination that Appellant was voluntarily underemployed, thereby justifying the trial court?s refusal to modify its prior child support order; and whether the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U...

Kessler v. Switzer, Ky COA, No Hearing Required For Extension of DVO

Posted on June 10, 2009
Kessler v. Switzer, __ S.W.3d __ (Ky. App. 2009); 2008-CA-002083-ME Switzer filed a motion to extend a domestic violence order (DVO) and attached an affidavit stating that she had filed charges against Kessler for violation of the DVO and that she was still in fear of Kessler...

Lichtenstein v. Barbanel, Child Support Enforcement

Posted on June 10, 2009
Since the Kentucky Supreme Court has accepted discretionary review, here is a digest of the Court of Appeals Opinion: LICHTENSTEIN V. BARBANEL CHILD SUPPORT ENFORCEMENT 2007-CA-000509 NOT TO BE PUBLISHED: AFFIRMED PANEL: VANMETER PRESIDING; CLAYTON AND SPECIAL JUDGE KNOPF CONCUR COUNTY: JEFFERSON DATE RENDERED: 8/15/2008 Dad appealed TC?s entry of two income withholding orders, primarily arguing that TC had not resolved child support issue prior to entry of the Orders...

Gaskill v. Robbins Now Final

Posted on May 21, 2009
Here is the final opinion, which was not modified.

Discretionary Review Granted In Lichtenstein v. Barbanel

Posted on May 21, 2009
The Kentucky Supreme Court granted discretionary review in Lichenstein v. Barbanel, a child support enforcement case. The Court of Appeals opinion was designated not to be published. We will digest that opinion soon.

Nelson v. Nelson, Ky COA, Support For Adult Dependant Child

Posted on May 18, 2009
Nelson v. Nelson, __ S.W.3d __ (Ky. App. 2009); 2008-CA-001861-ME The parties divorced in 2004. Their property settlement agreement provided that the mother would not request financial assistance from the father for their adult dependent daughter for a period of two years...

Ky COA Publishes One Family Law Decision Yesterday

Posted on May 16, 2009
Nelson v. Nelson, support of adult child. Digest to follow

Conn v. Ingram, Ky COA, Adult Adoption, Residency

Posted on April 28, 2009
CONN v. INGRAM ADOPTION RESIDENCY REQUIREMENTS 2007-CA-002255 PUBLISHED: AFFIRMED PANEL: NICKELL PRESIDING; CAPERTON AND KELLER CONCUR COUNTY: MENIFEE DATE RENDERED: 4/24/2009 Dad appealed from TC order dismissing his petition to adopt his adult natural born Daughter because he failed to satisfy the residency requirement stated in KRS 199...

New Ky Ethics Rules Online

Posted on April 24, 2009
Here is the link to the sweeping new ethical rules issued by the Kentucky Supreme Court last week. We all will have to study them carefully. They become effective July 15, 2009.

One Ky Court of Appeals To Be Published Family Law Opinion Today

Posted on April 24, 2009
Conn v. Ingram, affirmed order dismissing petition to adopt adult because petitioner failed to meet residency requirement of KRS 199.470(1). A digest will follow.

Ky Supreme Court Minutes Yesterday

Posted on April 24, 2009
No family law to be published opinions were released, but discretionary review was granted in Commonwealth, Cabinet for Health and Family Services, v. L.J.P., et al. A digest of the court of appeals opinion and link to the decision is here. Briefing will be expedited and oral arguments will be held August 12, 2009 at 11 a...

J.G. v. J.C., Ky COA, Defacto Custodian

Posted on April 07, 2009
J.G. v. J. C. , __ S.W.3d __ (Ky. App. 2009), 2008-CA-1023 Parents appeal the judgment holding that the grandparents are the de facto custodians of S.G. The parents have three other children, all of whom had been previously removed. Due to previous issues, social services placed S...

New Ky Civil Rules Re Subpoenas and Privacy Protections

Posted on March 24, 2009
The new CR 7.03 providing privacy protections and the new CR 45.01-45.05 are here. The revised subpoena form is here. All are effective April 1, 2009. These changes are very significant.

Kentucky Supreme Court Oral Family Law Arguments Scheduled

Posted on March 24, 2009
Discretionary review was granted in Mullins v. Picklesimer, (child custody, lesbian partner of biological mother). The Court of Appeals opinion is here and our digest is here. Oral argument will be held April 15, 2009 at 9:00 a.m. Discretionary review was also granted in Mauldin v...

Hold Your Horses; Gaskill v. Robbins Not Yet Final

Posted on March 20, 2009
The landmark goodwill case in divorce business valuations, Gaskill v. Robbins, rendered February 19, 2009 is not yet final. A petition for rehearing is pending.

2009 Family Law Legislation Pending

Posted on March 20, 2009
I thought all proposed family law legislation was dead this session, but learned of the following two bills yesterday evening at the Family Law Forum hosted by the Jefferson Family Court Judges: HB 489, Amending KRS 403.211 to define "appropriate health care insurance coverage" as "accessible", "comprehensive", and "reasonable in cost; define "cash medical support"; require the court to determine if medical support for the child is available; require the court to order the parent to obtain or maintain coverage; change the term noncustodial parent to obligated parent...

No Ky. S. Ct. Published Family Law Decisions This Month

Posted on March 19, 2009

Repairs

Posted on March 17, 2009
If you subscribe to this blog by email, it may appear we had a posting frenzy today. We finally found time to figure out and correct the formatting on some prior posts, so many recent ones with no paragraphs were simply reposted. Problem solved!

No To Be Published Ky COA Family Law Decisions Issued Today

Posted on March 13, 2009

Gaskill V. Robbins, Goodwill In Business Value, 50/50 Property Division

Posted on March 10, 2009
GASKILL V. ROBBINS DIVISION OF MARITAL PROPERTY, GOODWILL 2007-SC-000190-DGE PUBLISHED: AFFIRMED PANEL: NOBLE PRESIDING; CUNNINGHAM, SCHRODER, VENTERS AND SCOTT CONCUR; ABRAMSON CONCURS IN PART AND DISSENTS IN PART COUNTY: WARREN DATE RENDERED: 2/13/2009 SC considered whether the goodwill of a closely held or sole proprietorship business can have both personal and enterprise values, and whether TC improperly assumed that it must make a 50-50 division of the marital assets...

No To Be Published Ky COA Family Law Opinions Today

Posted on March 06, 2009

R.M. v. R.B., KY COA, Adoption, Termination Of Parental Rights

Posted on March 04, 2009

Herald v. Herald, UCCJEA (Child Custody Jurisdiction)

Posted on February 27, 2009

One To Be Published Ky COA Adoption Case Decided Today

Posted on February 27, 2009

U.S. Supreme Court Decides Pension Beneficiary Following Divorce And Death

Posted on February 26, 2009
The U.S. Supreme Court issued a unanimous decision in Kennedy v. DuPont. The Court held the plan administrator of an ERISA benefits plan should pay plan benefits to wife #1, who was the designated plan beneficiary on a designation executed during the marriage and not to wife #2, who was married to the deceased participant spouse at the time of his death...

No To Be Published KY COA Family Law Cases Released Today

Posted on February 20, 2009
Unless you consider David V. Johnson, that is. Decedent's step-child who was not legally adopted may not recover share of damages under wrongful death statute.

Ky S. Ct. Decides Buisness Valuation Goodwill Case Today

Posted on February 19, 2009
Kentucky finally joins the majority in distinguishing between personal and enterprise goodwill in business valuations. Court also cannot factor in a non-existent non-compete agreement to enhance a professional practice valuation. It's about time! Gaskill v...

Ky UCCJEA COA Decision February 13, 2009

Posted on February 14, 2009
A digest of Hearld v. Hearld, custody jurisdiction under UCCJEA, will be posted soon

Hines v. Carpenter, Ky COA, Damages From Supersedeas Bond Pending Appeal Of Child Support

Posted on February 12, 2009
Hines v. Carpenter, __ S.W.3d __ (Ky. App. 2009), 2006-CA-002173-MR The trial court entered a summary judgment in favor of Hines for back child support owed by Carpenter. Carpenter appealed the judgment and posted a supersedeas bond to stay the collection of the judgment while the appeal was pending...

Ruby v. Ruby, Ky COA, Domestic Violence, Recusal,Voluntary Dismissal

Posted on February 10, 2009
Ruby v. Ruby DOMESTIC VIOLENCE HEARINGS AND VOLUNTARY DISMISSAL 2008-CA-000122 PUBLISHED: REVERSING AND REMANDING PANEL: THOMPSON PRESIDING; MOORE CONCURS; HENRY CONCURS IN PART AND DISSENTS IN PART COUNTY: JEFFERSON DATE RENDERED: 1/23/2009 Husband appealed from TC?s entry of DVO, asserting that TC judge should have recused; that it should have granted his request for continuance and his request to obtain Wife?s mental health and prescription records; that his constitutional rights were violated because he was denied assistance of counsel, the right to confront witnesses against him, and to present his own witnesses; and that TC should have vacated DVO pursuant...

One To Be Published Ky COA Family Law Decision Released 2/6/09; None Released 1/30/09 Due To Weather

Posted on February 09, 2009
A digest of Hines v. Carpenter will be posted shortly. It affirms the denial of motion to compel lump sum payment for damages where father posted supersedeas bond on judgment for back child support.

Bell v. Cartwright, Ky COA, Child Support Modification, Income Exceeds Guidelines

Posted on January 31, 2009
BELL V. CARTWRIGHT MODIFICATION OF CHILD SUPPORT 2008-CA-001137 PUBLISHED: VACATING AND REMANDING PANEL: LAMBERT PRESIDING; TAYLOR AND GRAVES CONCUR COUNTY: CLARK DATE RENDERED: 1/16/2009 Dad appealed from TC?s order increasing his child support obligation to Mom from $1,225 per month to $4,000 per month...

LBA Family Law Awards

Posted on January 27, 2009
Last week at the Louisville Bar Association annual Bench & Bar dinner, out-going Family Law Section chair Michelle Eisenmenger Mapes was presented the 2008 Co-Section of the year award along with the litigation section. Michelle set this as her goal early last year and worked tirelessly to present great CLE and to raise money for a sleeping room at the Center for Women and Families to serve victims of domestic violence...

One To Be Published Ky COA Decision January 23, 2009

Posted on January 26, 2009
Ruby V. Ruby, DVO entered but parties then entered into an agreed order dismissing the DVO. Trial court declined to enter agreed order, amending DVO to no unlawful contact instead. Court of Appeals affirmed entry of DVO but remanded to trial court to conduct a hearing on circumstances surrounding agreement to dismiss DVO.

Kentucky Supreme Court January 2009 Family Law

Posted on January 23, 2009
No to be published family law decisions were released by the Kentucky Supreme Court yesterday. Discretionary review was granted in Mullins v. Picklesimer, (child custody, lesbian partner of biological mother). The Court of Appeals opinion is here and our digest is here...

Ky Chapter of American Academy of Matrimonial Lawyers Elects New Officers

Posted on January 22, 2009
Tuesday night the Kentucky Chapter of the American Academy of Matrimonial Lawyers elected new officers who will each serve for two years. Mitchell Charney became President, Melanie Straw-Boone is President-Elect, Martha Rosenberg remains Vice President, Mark Ogle is Secretary, and Louis Waterman is Treasurer...

One To Be Published Ky COA Family Law Case Today

Posted on January 16, 2009
Bell v. Cartwright, et al. Child support increase reversed where no substantial evidence to show the increase related to child?s reasonable needs and not simply father?s increased income. Father is employed by Miami Dolphins.

No Ky COA To Be Published Family Law Decisions Today

Posted on January 09, 2009

Rivers v. Howell, Ky COA, Domestic Violence

Posted on January 07, 2009
Rivers v. Howell, __ S.W.3d __ (Ky. App. 2008), 2008 WL 5428209 Howell filed a domestic violence petition against Rivers. The trial court found that Howell had standing to seek a Domestic Violence Order as a member of an ?unmarried couple? as defined in KRS 403...

Rankin v. Criswell, Ky COA, Domestic Violence

Posted on January 07, 2009
Rankin v. Criswell, __ S.W.3d __ (Ky. App. 2008), 2008 WL 5429320 Criswell filed a petition, on behalf of her two minor children, for a domestic violence order against her former husband, Rankin. Criswell alleged that Rankin sexually abused the parties? daughter 7 or 8 years ago...

Two 12/31 To Be Published Ky COA Domestic Violence Cases

Posted on January 05, 2009
Rankin v. Criswell, et al, DVO reversed where court read dependency files without informing parties of contents nor admitting them into evidence and only evidence was petition which contained hearsay. Rivers v. Howell, DVO reversed because Howell lacked standing, as she had never lived with Rivers.

No To Be Published Ky COA Family Law Decisions Today

Posted on December 19, 2008

No Ky. S. Ct. To Be Published Family Law Decisions Today

Posted on December 18, 2008

Comment On Murphy v.Murphy

Posted on December 14, 2008
A thoughtful comment was posted to Murphy v.Murphy, digested here. As comments can be almost lost below the fold, I thought this one From Donald W. Aaron in Florence deserved posting in its entirety. I was in the courtroom for this case when the wife appeared pro se and requested that the judge vacate his custody order...

No To Be Published Ky COA Family Law Opinions Today

Posted on December 12, 2008

Gomez v. Gomez, KY COA, Domestic Violence Jurisdiction

Posted on May 12, 2008
Gomez v. Gomez, __ S.W.3d __ (Ky. App. 2008), 2007-CA-001919-ME, May 9, 2008 Appellee filed a domestic violence petition in district court requesting an emergency protective order against the Appellant. The district court did not issue an emergency protective order, but did issue a summons and set the matter for a hearing...

Atheist Father Who Objected To Son Attending Catholic High School Appeals Ruling

Posted on May 09, 2008
We briefly mentioned Andrew Wolfson's article in the Courier-Journal here. As an update here is his follow up piece reporting that Judge Timothy Feeley permitted the teenager's mother to make his school decision. An appeal to the Kentucky Court of Appeals has been filed.

Gaskill v. Robbins Ky Supreme Court Oral Arguments Set June 11, 2008

Posted on May 08, 2008
Having access to case status throughout the pipeline is enabling lawyers to be better advocates. How? Well, if you represent a physician, do you think you want to try that case before Gaskill v. Robbins is decided? And, if you must mediate or try your case before then, perhaps the oral arguments may help you get a feel for where the law is headed...

Ky AAML Awards To Hon. Bruce Petrie and Steven Kriegshaber

Posted on May 07, 2008
The Kentucky Chapter of the American Academy of Matrimonial Lawyers presented its 11th Annual Family Law Seminar on April 17 and 18, 2008. We enjoyed the presentations by our national President-Elect, Gary Nickelson, and the provocative and dynamic duo of Lynne Gold-Bikin and Dr...

No To Be Published Ky COA Opinions May 2, 2008

Posted on May 04, 2008

Time Magazine Reports Ky Bio-Dad Decision And Putative Father's Plan To Go To U.S. Supreme Court

Posted on May 01, 2008
The story is online here. Some quotes: Last week, in a decision that underscores the tense relationship between science and law, a divided Kentucky Supreme Court told Rhoades that he could not press his paternity claim, no matter what evidence of fatherhood he might have, because J...

Comments To The Morning After Bio-Dads Lose Big

Posted on May 01, 2008
Comments tend to get lost on this blog. I thought the following exchange was interesting enough to post separately: Ms. Kates...I respectfully disagree with your analysis as you neglect to consider that individuals under the U.S. Constitution are afforded the right to due process, which I've been denied in this case...

No To Be Published Family Law Ky COA Opinions April 25, 2008

Posted on April 30, 2008

More From The Kentucky Supreme Court Yesterday

Posted on April 25, 2008
The Kentucky Supreme Court released its opinion yesterday in Horvath v. Horvath, online here, regarding claimed satisfaction of a temporary maintenance obligation from marital property. A digest will follow.

JNR and JFR v. Honorable Joseph O???Reilly, Judge, Jefferson Family Court

Posted on April 25, 2008
JNR and JFR v. Honorable Joseph O???Reilly, Judge, Jefferson Family Court and JRG, Real Party in Interest, ___ S.W.3d ___ (Ky. 2008) 2007-SC-000175-MR JGR (James) filed a custody and support petition, alleging DNA confirmed him to be the biological father of a child who lived with his mother, JNR (Julia), who was married to JFR (Jonathan)...

The Morning After Bio-Dads Lose Big In Kentucky

Posted on April 25, 2008
I would have loved to have been a fly on the wall as the Kentucky Supreme Court deliberated this four to three decision which we reported on yesterday here. I am unaware of another family court case creating such a split among the justices. The 47 pages reveal highly charged emotions...

Putative Father Lacks Standing To Assert Paternity Of Child Born During Marriage In Kentucky

Posted on April 24, 2008
The Kentucky Supreme Court decided J.N.R and J.S.R v. Joseph O???Reilly and J.G.R, Real Party in Interest, commonly known as the ???Rhoades v. Ricketts??? case today, online here), an unprecedented 4-3 decision with two concurring opinions and two dissenting opinions...

Fixed Fees for Divorce (Updated)

Posted on April 24, 2008
I have followed with interest the mounting clamor for fixed fees in divorce cases. I loved North Carolina attorney Lee Rosen???s quote in an ABA Journal e???report, ???If someone at Lockheed can put a price on a jet, a lawyer can put a price on a case ??? the variables they deal with are so much more complicated than those we deal with??? We should be expert enough in our areas of law so that we can do it...

Judge Montano's Passing; Courts Closed On Friday

Posted on April 23, 2008
Through her family law private practice and during her tenure as a Jefferson County Family Court judge, most Louisville family law attorneys knew and loved Judge Kathleen Voor Montano. Her death at age 46 is heartbreaking. All Jefferson County Court dockets except the Family Court Emergency Docket are cancelled on Friday, April 25, 2008 so that the judges can attend Judge Montano's funeral at 11:00 a...

ABA-APA Joint Conference, No Respect For The Kentucky Derby

Posted on April 23, 2008
The ABA-APA Joint Conference, Reconceptualizing Child Custody: Past, Present and Future, will be April 30-May 3, 2008 in Chicago. The summary provided by the ABA: Family lawyers and psychologists are often confronted with issues of mutual concern, including working with high-conflict families; participating in custody evaluations; relocation; representation of children; and allegations of alienation, sexual abuse, and domestic violence...

No To Be Published COA (Ky) Family Law Opinions From April 11, 2008

Posted on April 14, 2008

Picklesimer v. Mullins (Ky)

Posted on April 14, 2008
Picklesimer v. Mullins, __ S.W.3d. __ (Ky. App. 2008) 2007-CA-000086-ME and 2007-CA-000101-ME Picklesimer and Mullins were engaged in a 5 year lesbian relationship, during which time they lived together and decided to parent a child together. The parties agreed that Picklesimer would be artificially inseminated...

Father Who Claims To Be Atheist Sues To Keep Son Out Of St. Xavier High School

Posted on April 06, 2008
Front page news in the Courier-Journal today, Atheist father sues to keep son out of St. Xavier High School. As Sandra Ragland represents mom, I'll stay mum on this blog.

No To Be Published COA Family Law Cases This Week

Posted on April 04, 2008

Hoofring v. Fite, Ky Child Support Modification, Agreements, Arrearages

Posted on April 02, 2008
Hoofring v. Fite, ___ S.W.3d ___ (Ky. App. 2008), 2007-CA-001466-ME The parties, never married, entered into a series of child custody and support agreements. The last agreement in February 2005 provided that Fite have physical custody of the child again...

Two Ky COA To Be Published Decisions From Friday

Posted on March 31, 2008
Pickelsimer v. Mullins, a lesbian child custody case and Hoofring v. Fite, et al, regarding modification of child support order were designated by the Kentucky Court of Appeals March 28, 2008 to be published. Digests will follow soon.

Thomas v. Thomas, Ky, Delinquent Entry Of Decree, New Hearing Not Required

Posted on March 26, 2008
THOMAS V. THOMAS DELINQUENT ENTRY OF DECREE 2006-SC-000526-DG PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: NOBLE PRESIDING; ABRAMSON, CUNNINGHAM, SCHRODER AND SCOTT CONCUR; LAMBERT, C.J. CONCURS IN RESULT ONLY COUNTY: GALLOWAY Ex-Wife raised 2 claims of error to SC: (1) that CA erred in affirming TC???s decision not to grant a hearing on evidence arising subsequent to DRC???s oral ruling ; and (2) that CA improperly applied the facts and holdings of Dubick v...

Skinner v. Skinner, KY, Child Custody Jurisdiction

Posted on March 25, 2008
SKINNER V. SKINNER CHILD CUSTODY JURISDICTION 2006-CA-002523 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: STUMBO PRESIDING; ACREE, GRAVES CONCUR COUNTY: WAYNE Dad appealed from TC???s order sustaining Mom???s motion asking TC to take jurisdiction of child custody matters stemming from a prior dissolution of marriage proceeding in Tennessee...

Doerr v. Doerr, KY, Relief From Agreement, Jurisdition To Modify

Posted on March 24, 2008
Doerr v. Doerr, __ S.W.3d. __ (Ky. App. 2008), 2006-CA-000739-MR The parties were divorced in 1990 and the divorce decree contained a provision regarding the husband???s retirement benefits. In 2005, when the husband retired from the Louisville AFSS Department of Transportation FAA, he noticed that his ex-wife was receiving more than her intended share of the benefits...

Ky COA Publishes One Family Law Decision Today

Posted on March 21, 2008
Doerr v. Doerr, party seeking relief from MSA entitled to hearing. Digest will posted soon.

Ky Supreme Court Family Law To Be Published Opinion This Week

Posted on March 21, 2008
Thomas v. Thomas, decree not entered until years after case tried before DRC; new hearing not required. Digest to follow.

Com. v. C.M., Ky, Educational Commitment To Cabinet

Posted on March 19, 2008
Com. v. C.M., __ S.W.3d __ (Ky. App. 2008), 2007-CA-001468-ME The Cabinet acquired custody of C.M. as a dependent minor. Upon reaching the age of majority, C.M. requested continued commitment to the Cabinet until age 21, for the purpose of facilitating her education at Northern Kentucky University...

KY Court of Appeals To Be Published Family Law Case(s) Released Today

Posted on March 14, 2008
Of the Court of Appeals decisions designated to be published today, one is a jurisdiciton dispute involving a child, Skinner v. Skinner. The link to Commonwealth v. C.M. is broken and the COA case info for 2007 CA 1468 shows nothing, either. Maybe it is sealed and it may not be a family law case...

Hoppe v. Tallent, KY, Child Visitation, Allegations of Child Sexual Abuse

Posted on March 14, 2008
Hoppe v. Tallent, __ S.W.3d __ (Ky. App. 2008), 2007-CA-000104-MR Father appealed the TC???s denial of his motion for immediate reinstatement of visitation with his daughter, K.H. During the parties??? divorce settlement negotiations in 1997, the mother alleged that the father sexually abused K...

Remedies Available Following Claim Of Fifth Amendment Privilege In Divorce

Posted on March 14, 2008
By Sarah Jost Nielsen, published in The Advocate, The Kentucky Justice Association, March/April 2008, Volume 36, Number 2. The constitutional privilege against self-incrimination under the Fifth Amendment to the United States Constitution is typically associated with parties in a criminal action...

Untangling the Knots of Child Custody Relocation Litigation

Posted on March 13, 2008
By Michelle Eisenmenger Mapes, Published in Louisville Bar Briefs, March 2008, Volume 08, No. 3 Your client asks you, ???What does it mean to be a primary residential custodian? What effect does it have? After our divorce is final, can my spouse move and take my children away???? Good questions...

Reflections on 17th Anniversary of Domestic Relations Update

Posted on March 12, 2008
It is with surprise and pleasure as I reflect on the 17th anniversary of the Domestic Relations Update that it remains a vibrant, successful and integral CLE to Jefferson County family law practitioners. When Alan T. Slyn and Retired Judge Richard A. Revell first presented this seminar in 1991 few attorneys limited their practices to divorce law...

2008 Pending Family Law (Ky) Legislation

Posted on January 21, 2008
A bill based on the AAML Model Relocation Act is expected to be introduced in the House this week and quickly scheduled for a hearing in the Judiciary Committee. More on that as it happens. Meanwhile, these family law related bills have been filed: HB 199 Would create a new section of KRS Chapter 403 to require that divorce, child custody, child support, and similar records not be released with information identifying the address, Social Security number, telephone number or similar information relating to a party to the proceeding; provide exemptions for public agencies and court-ordered disclosure of the information...

One To Be Published Ky Family Law Case Today, Mediated Settlement Agreement

Posted on January 18, 2008
A full digest will follow shortly, but here's the short version: Raisor v. Raisor, Handwritten settlement outline signed at mediation was incorporated into formal MSA and approved by trial court. Affirmed. At trial court wife wanted outline approved but not MSA prepared by husband...