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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

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.

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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...

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