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Family Law

Divorce Law Journal

Divorce and family law info for professionals in Kentucky and beyond.
By Diana L. Skaggs, Esq.

Post Frequency: 5.4/day

Last Entry: March 28, 2011 at 14:10:35

No Ky Published Family Law Opinions From COA Today

Posted on March 05, 2010

Kerr v. Osborne, Substanial Evidence To Support Custody, Reasonable Time To Vacate Agreed Order

Posted on March 02, 2010
Kerr v. Osborne 2009-CA-000351-ME Issue: Substantial Evidence To Support Custody, Reasonable Time In Which To Vacate Order Published: Vacating and Remanding County: Johnson Mom appealed from FC Order denying her motion to vacate Agreed Order granting sole custody to Dad and giving her only supervised weekend visitation with Child, arguing substantive and procedural errors...

Ky COA Issues One To Be Published Family Law Opinion Yesterday

Posted on February 27, 2010
Kerr v. Osborne. Under facts of this case, four months was not an unreasonable amount of time to move to vacate custody award and custody order was not supported by substantial evidence. Digest to follow.

No Published Family Law Opinions From Ky COA Today

Posted on February 19, 2010

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Kentucky Divorce Arbitration Death Blow

Posted on February 12, 2010
Distressed that arbitration is not a viable alternative to spouses who cannot afford to pay an arbitrator and holding that the approval of the arbitration process by a family court constitutes an improper delegation of its constitutional responsibility, the Kentucky Court of Appeals recently barred arbitration in divorce cases...

No Published Ky COA Family Law Opinions Today

Posted on February 12, 2010

Buddenberg v. Buddenberg, Ky COA, Domestic Violence Order, Contempt

Posted on February 10, 2010
Buddenberg v. Buddenberg 2009-CA-000274-MR Issue: Domestic Violence Order Published: Affirming in Part, Vacating in Part, and Remanding County: Laurel Husband appealed from DVO entered by family court (FC), prohibiting him from any contact with Wife and Children for three years, and from criminal contempt for willful violation of EPO...

Campbell v. Cambell, Ky COA, Arbitration Of Family Law Matters Prohibited

Posted on February 09, 2010
Campbell v. Campbell 2006-CA-001803-MR and 2006-CA-001827-MR Issue: Arbitration of family law cases Published: Reversing and Remanding with Directions County: Jefferson Ex-Husband and Ex-Wife appealed and cross-appealed, on substantive grounds, Findings of Fact, Conclusions of Law and Judgment prepared by Arbitrator and signed and entered by family court (FC)...

S.B.B. v. J.W.B., Ky COA, Termination Of Parental Rights

Posted on February 09, 2010
S.B.B.v. J.W.B. 2009-CA-001033-ME Issue: Termination of Parental Rights Published: Reversing and Remanding County: Daviess Stepfather appealed from TC order denying his petition to involuntarily terminate the parental rights of Biological Father to Son, and to adopt the child...

Com. v. D.G.R., Ky COA, Termination Of Parental Rights

Posted on February 09, 2010
Com. v. D.G.R. 2009-CA-00745-ME Issue: Termination of Parental Rights Published: Reversing County: Caldwell Cabinet appealed trial court order denying its petition to terminate the parental rights of D.G.R. and T.B.H. to their minor child. FACTS: A.T...

Com. v. D.G.R., Ky COA, Termination Of Parental Rights

Ky COA Publishes 3 Family Law Opinions Today

Posted on February 05, 2010
Campbell v. Campbell, arbitration not allowed in Ky divorce cases. Buddenberg v. Buddenberg, so much of DVO as prohibited contact with children and found criminal contempt for violation of EPO reversed. SBB v. JWB, reversed for further findings because trial court apparently believed that if father was paying some child support that parental rights could not be terminated...

No To Be Published Family Law Opinions From Ky COA Today

Posted on January 29, 2010

Mullins v. Picklesimer, Ky. S. Ct., Waiver Of Biological Parent's Superior Right To Child Custody

Posted on January 28, 2010
Mullins v. Picklesimer, 2008-SC-000484-DGE Issue: Same-sex partnership custody case: CR 60.02 relief; standing and waiver Published: Affirming in Part and Reversing in Part County: Garrard SC reviewed same-sex ex-partner?s standing to pursue joint custody of biological child of her former partner and former partner?s alleged waiver of superior right to custody of child...

Commonwealth, Cabinet For Health & Family Services v. T.N.H., Ky S. Ct., Minor's Parental Rights To Child May Be Terminated

Posted on January 22, 2010
Com. v. T.N.H., 2008-SC-00318-DGE Issue: Termination of Parental Rights Published: Reversing County: Jefferson Supreme Court granted discretionary review in this case wherein the COA reversed the trial court?s decision to terminate the parental rights of a mother, who was a minor and committed to the Cabinet, because the Cabinet failed to present evidence of the likelihood that the mother would not develop the necessary parenting skills once she turned 18...

Ky COA Publishes One Family Law Opinion Today

Posted on January 22, 2010
Commonwealth, Cabinet for Health & Family Services v. D.G.R., trial court declined to terminate parental rights. Court of Appeals reversed in 2-1 opinion. Digest to follow.

Kentucky Supreme Court Publishes Two Family Law Opinions Today

Posted on January 21, 2010
A deeply divided court, in Mullins v. Picklesimer, holds that mother waived her superior right of custody, thus permitting her same sex partner to have joint custody. The dissents worry that this "new found rule of law" will pave the way for grandparents, step-parents and other non-parents to seek custody...

Gertler v. Gertler, KY COA, Sole Custody, Classification Of Gifts

Posted on January 18, 2010
Gertler v. Gertler, 2008-CA-001367 Issue: Custody, gifts as marital or non-marital property Published: Affirming County: Casey Dad appealed from TC?s decree of dissolution, arguing that TC abused its discretion by awarding sole custody of parties? four children to Mom and that TC erred in its determination that cash gifts from Dad?s parents during the marriage were marital property...

One Published Ky COA Family Law Opinion Released Today

Posted on January 15, 2010
Gertler v. Gertler. This is an interesting divorce opinion concerning a couple living an Amish lifestyle, where classification as marital of gifts from husband?s parents for houses was affirmed despite testimony from his father that they were intended to be solely gifts to husband...

Hunter v. Mena, Ky COA, Domestic Violence

Posted on January 11, 2010
Hunter v. Mena, 2009-CA-000494-ME Issue: Domestic Violence Order Published: Affirming in part, Reversing in part, Remanding County: Jefferson Hunter appealed a Domestic Violence Order (DVO), which prohibited contact with his former girlfriend, Mena, and his nephew...

Ky COA Publishes One Family Law Opinion Today

Posted on January 08, 2010
Hunter v. Mena, DVO protecting former girlfriend reversed as to portion prohibiting contact with nephew. Digest to follow.

Walsh-Stender v. Walsh, Ky COA, UCCJEA Jurisdiction

Posted on December 31, 2009
Walsh-Stender v. Walsh, __ S.W.3d __ (Ky. App. 2009) The parties divorced in Tennessee and the decree included a permanent parenting plan regarding the custody of the parties? minor son. The Tennessee court modified the parenting plan in 2004, and shortly thereafter father and son moved to Kentucky...

Last Published Family Law Opinion Of The Year/Decade Released Today

Posted on December 30, 2009
Walsh-Stender v. Walsh, still another reversal of a trial court for lack of jurisdiciton under the UCCJEA, and in this one the issue was not raised until many months after the judgment. Digest to follow. Happy New Year to all!

No Ky COA Family Law Published Opinions Today

Posted on December 18, 2009

No Published Family Law Cases From Kentucky Supreme Court Today

Posted on December 17, 2009
Discretionary review was denied in Hines v. Carpenter and the Court of Appeals Opinion was ordered not to be published. That case concerned a supersedeas bond and damages for delay. The digest has been updated to reflect it is not to be published.

Blog Maintenance

Posted on December 17, 2009
We have finally restored the option to subscribe to this blog by email. The icon is on the upper right of the page. If you subscribe by email, you will only get a notice when there is a new post. We're working on restoring the RSS feed icon. Don't know why both disappeared!

Day v. Day, Ky COA, Division of Worker's Compensation Benefits as Marital Property Affirmed

Posted on December 17, 2009
Day v. Day PUBLISHED: AFFIRMING HARRIS, SENIOR JUDGE, PRESIDING; LAMBERT AND VANMETER CONCUR COUNTY: KENTON Ex-Husband appealed from TC?s decree of dissolution, arguing that TC erred by determining that his entire workers? compensation settlement was marital property...

Two Family Law Published Ky COA Opinions Today

Posted on December 11, 2009
Day v. Day, trial court was affirmed in dividing all workers comp paid in lump sum equally, even though it was, in part, designated for future income benefits and a waiver of future medical benefits. Leach v. Harrison, sole custody to maternal grandparents reversed...

Leach v. Harrison, Ky COA, Standing Of Non-Parents (Not Defacto Custodians)To Petiton For Custody

Posted on December 11, 2009
Leach v. Harrison, __ S.W.3d __ (Ky. App. 2009) More than eight investigations were opened regarding the mother?s abuse and neglect of her three minor children, including excessive corporal punishment. Due to the ongoing investigations, all three of the children were eventually placed with the maternal grandparents on a temporary basis...

Leach v. Harrison, Ky COA, Standing Of Non-Parents (Not Defacto Custodians)To Petiton For Custody

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