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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

Family Law From Kentucky Supreme Court This Month

Posted on December 16, 2010
No published family law opinions were rendered. Discretionary review was granted in Cabinet for Health and Family Services v. Ivy. Our digest of the Court of Appeals opinion is here.

No Published Family Law Opinions from Kentucky Court of Appeals Today

Posted on December 03, 2010

Caskey v. Caskey, Ky COA, Modification of Primary Residence

Posted on November 30, 2010
Caskey v. Caskey, 2010-CA-000667-ME Issue: Modification of Primary Residential Parent Published: Reversing and Remanding County: Wolfe After Child was attacked by a third party while in Mom?s care, Dad filed a motion for an Order modifying primary residential parent from Mom to him and changing fifty-fifty timesharing to standard visitation schedule...

One Published Family Law Opinion from Ky Court of Appeals Last Week

Posted on November 29, 2010
Caskey v. Caskey, Ky Court of Appeals reversed denial of father's motion for primary residence where child had been assaulted in mother's presence. Digest to follow.

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No Published Family Law Opinions from Ky Court of Appeals Today

Posted on November 19, 2010

Harrison v. Leach, Ky. S. Ct., Waiver of Standing, Right of Non-Parent to Seek Custody Not Addressed

Posted on November 19, 2010
Harrison v. Leach, 2010-SC-000018-DGE Published: Vacating and Remanding County: Estill Because the issue of standing, which can be waived, is distinct from the issue of subject-matter jurisdiction, the Supreme Court held that an appellate court cannot, sua sponte, resolve an appeal based on a lack of standing before the trial court when no party had raised the issue of standing in the proceedings below...

From The Kentucky Supreme Court This Month: Dame v. Dame to be Reviewed

Posted on November 18, 2010
The Court accepted discretionary review in Woodson v. Woodson, in which the Court of Appeals upheld the trial court as it lacked authority to rule contrary to Dame v. Dame. The Court of Appeals' unpublished opinion is here. So, the question is whether fixed payments of maintenance over a fixed period of time remain non-modifiable...

No Published Family Law Opinions From Ky Court of Appeals Today

Posted on November 12, 2010

Looking For A Split Custody Rep For Ky Child Support Commission

Posted on November 09, 2010
Judge Lucinda Masterton is the new chair of the state Child Support Guidelines Commission. One of her tasks is to locate a ?split custody? representative. Ideally, this would be someone who is easy to work with, does not have a personal agenda, and recognizes that this is a representative position...

No Published Family Law Opinions From Ky COA November 5, 2010

Posted on November 07, 2010

No Published Family Law Opinions from Ky Court of Appeals Last Week

Posted on November 01, 2010

No Published Family Law Opinions from Ky Court of Appeals Last Week

Posted on October 26, 2010

One Family Law Published Opinion From Ky Supreme Court This Month

Posted on October 26, 2010
Harrison v. Leach. Reversed and remanded to Court of Appeals, as it may not sua sponte raise issue of standing, as standing is waived if not timely pled. A determination of the effect, if any, of the repeal of KRS 403.420 upon the ability of a nonparent who is not also a de facto custodian to file for custody must await a case in which that issue is directly presented...

No Published Family Law Opinions From Ky Court of Appeals This Week

Posted on October 15, 2010

Mitchell v. Mitchell, Ky COA, Civil Procedure, Attorney Fees

Posted on October 11, 2010
Mitchell v. Mitchell, 2009-CA-001856-MR Published: Reversing County: Fayette Appellant appealed from Circuit Court Order awarding Appellee attorney fees, expert fees, and costs incurred as a result of his motion to modify maintenance. The CA agreed with argument that TC lacked jurisdiction to enter the Order and reversed...

Published Family Law Opinion From Ky Court of Appeals Yesterday

Posted on October 09, 2010
Mitchell v. Mitchell, attorney fee award incidental to defense of motion to modify maintenance reversed where it was entered more than 10 days after court had denied maintenance modification motion and court lost jurisdiction. Digest to follow.

Hallis v. Hallis, Ky COA, Child Support

Posted on October 05, 2010
Hallis v. Hallis, 2009-CA-002051-ME Published: Affirming County: Fayette Father appealed from three orders, all related to child support. Father had previously appealed the first order, entered in May, 2006, but the CA affirmed FC and no discretionary review was sought...

Carpenter-Moore v. Carpenter, Ky COA, Relocation, Law in Effect at Time of Decision

Posted on October 05, 2010
Carpenter-Moore v. Carpenter, et al, 2010-CA-000164-ME Published: Affirming County: Kenton Mother appealed from FC?s denial of her motion to relocate with the parties? three minor children. Divorce proceedings were initiated in June, 2004. In December, 2004 FC entered an order that the parties would share joint legal custody of their children...

Coleman v. Coleman, Ky COA, Child as Witness

Posted on October 04, 2010
Coleman v. Coleman, 2010-CA-000277-ME Published: Vacating and Remanding County: Washington Statute allowing judge to interview child regarding child?s wishes in custody proceedings is permissive rather than mandatory; FC therefore did not abuse its discretion in refusing to interview child...

Two Family Law Opinions From Ky Court of Appeals Today

Posted on October 01, 2010
Hallis v. Hallis, orders modifying child support and deviating from guidelines affirmed. Pro se litigant must demonstrate good faith effort to comply with CR 76.12, but brief in this case was not stricken. Coleman v. Coleman, denial of motion to modify custody vacated and remanded where court refused to hear testimony of child...

Jones v. Hammond, Ky COA, Modification of Child Support

Posted on September 29, 2010
Jones v. Hammond, 2009-CA-000546-MR Published: Affirming in Part, Reversing in Part, and Remanding County: Jefferson Mother appealed from trial court?s order terminating father?s child support obligation. The parties were divorced in 2006 and family court entered an order in which father agreed to pay $872...

Miller v. Harris, Ky COA, Child Custody

Posted on September 27, 2010
Miller v. Harris, 2009-CA-002330-ME & 2009-CA-002415-ME Published: Affirming County: Marion Maternal grandmother of two minor children appealed circuit court?s award of custody of the children to great uncle and aunt, and from order denying her motion for a new trial but modifying the custody order to incorporate requested findings of fact...

Guffey v. Guffey, Division of Debt, Continuances

Posted on September 25, 2010
Guffey v. Guffey, 2009-CA-000932 Published: Affirming in Part, Reversing in Part, and Remanding County: Boone Wife appealed FC?s Decree of Dissolution, contending that TC erred in denying her motion for continuance and in equally dividing debt. FACTS: Parties were married for 5 years...

Family Law Arbitration Appeal Dismissed; Court of Appeals Opinion Ordered Not Published

Posted on September 24, 2010
In Campbell v. Campbell, the Kentucky Supreme Court granted the parties' joint motion to dismiss the appeal, ordered the Court of Appeals opinion not to be published, and denied the motion of the Kentucky Chapter of Matrimonial Lawyers to file an amicus brief...

Two Published Family Law Opinions From Ky Court of Appeals Today

Posted on September 24, 2010
Carpenter-Moore v. Carpenter, denial of motion to relocate children affirmed. Pennington applies as it clarifies procedures rather than substantive rights and was the law when the decision of the trial court was rendered. Guffey v. Guffey, reversed as there is no presumption debt is marital nor divided equally, affirmed as to denial of motion to continue trial...

No Published Family Law Opinions From Ky Supreme Court This Month

Posted on September 23, 2010

No Published Family Law Opinions From Ky COA Today

Posted on September 17, 2010

Anderson v. Johnson, Ky COA, Court?s Obligation to Make Findings Regarding Motion to Modify Timesharing

Posted on September 16, 2010
Anderson v. Johnson, 2009-CA-001261-ME Published: Affirming County: Franklin Mother filed a Motion to Modify Timesharing based on her intended relocation. FC denied Mother?s motion but did not provide Findings of Fact. Mother directly appealed that Order...

Mosley v. Mosley, Ky COA, Amendment of Pleadings

Posted on September 14, 2010
Mosley v. Mosley, 2009-CA-000177-M4 Published: Reversing and Remanding County: Pulaski Wife appealed circuit court?s denial of her motion to amend her response to a petition for dissolution of marriage to include a request for maintenance. The parties separated in 2003 after eleven years of marriage...

J.M. v. Com., Ky COA, Placement of Children in Dependency Cases

Posted on September 11, 2010
J.M. v. Com, 2010-CA-000156-MR Published: Affirming County: Fayette Grandmother appealed FC?s order denying her motion for temporary custody of grandchildren in a dependency case. FACTS: Cabinet filed petition alleging that Grandchildren were neglected by their custodian, Mother, child of Grandmother...

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