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Kentucky

Elusive Justice

From attorney Gregory Adam Napier. One Attorney’s Pursuit of Justice.
By Gregory Napier

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Last Entry: May 24, 2012 at 13:20:32

Grandparent or Other Custodial Caretakers of Children Moving Out of State

Posted on May 24, 2012
That is a long title, but this is important news to grandparents, relatives or others who have custody of someone else's minor children or are considering accepting custody. The new Family Court Rules of Procedure and Practice 7(2) requires a "parent" moving out of state or more than 100 miles away from the other parent to give sixty days notice...

The Cabinet for Health & Family Services encounter a limit on their authority

Posted on April 02, 2012
The Cabinet can no longer base a finding of abuse or neglect merely on refusal to sign a plan and parents should not cave to the threat of legal action for mere refusal to sign. Instead, "the risk of harm must be more than a mere theoretical possibility, but an actual and reasonable potential for harm...

Help is available for foreclosures

Posted on April 02, 2012
Since financial matters impact families so profoundly, and none more than the threat of losing one’s house, I encourage you to take a look at this post on my Kentucky Bankruptcy blog if this is a stress facing your home.

Foreclosure Defenses: Round 1

Posted on March 21, 2012
Reblogged from Kentucky Bankruptcy Law: First, a shout out to Ben Carter, a former classmate of mine and one fine presenter with a flair for fashion. Thanks Ben for helping make sense out of foreclosure mayhem. So much has been written about the dilemma of massive numbers of foreclosure actions that I am hesitant to [...

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Child custody, timeshare and support in Kentucky

Posted on March 12, 2012
Do I have to pay child support if I don't have custody or get to see my child? This is a common question I hear and the answer is "yes"; child support, child custody and timeshare are different issues. So long as a parent retains parental rights, it does not matter whether they have sole custody, joint custody or no custody - child support will be awarded...

Bankruptcy is also just a beginning

Posted on February 20, 2012
I know, not terribly original of me, but I realized some similarities in how folks looked a bankruptcy as an end just as many look as divorce as an end. So, I wrote a post entitled “Bankruptcy: Just the beginning” on my other law blog. Hope it is helpful because divorce and bankruptcy happen together [...

Divorce: Just the beginning

Posted on February 20, 2012
Many folks come to me regarding a divorce and perceive it as an ending. Some do not want it to happen and others believe this "end" will set them free from something painful. While it does bring a few things to a close, divorce is more appropriately viewed as a beginning...

A Just Distribution of Property: Domestic support obligations

Posted on February 08, 2012
In short, a domestic support obligation that arises from the distribution of property will be treated as a general unsecured debt in a Chapter 13. This creates a quandary for settling matters, especially in this market where houses (the major asset that is divided up in a divorce) take so long to sell...

Domestic Support Obligations and Bankruptcy

Posted on February 01, 2012
Bankruptcy of an ex-spouse after the entry of a divorce decree (the dissolution of a marriage) can have substantial implications of obligations owed by that ex-spouse to you. �I’ve written a post regarding domestic support obligations�in Chapter 7 as compared to Chapter 13 bankruptcy and I encourage your to click over and read it since [...

Keeping it cool

Posted on January 17, 2012
On the more complex level, your posts and tweets can be used as evidence in a divorce hearing. They are admissible because they are an admission the party that made the comment. All the attorney has to do is authentic the post or tweet by asking you on the stand, "Do you recognize this comment? Did you make this comment?" and you are toast...

Lawyer Tactics in Divorce: The attorney fee correlation

Posted on January 16, 2012
When it is all said and done and the money that would have paid for your children?s college has been spent ? what it left? Nothing was really resolved and there are a whole set of fresh injuries to nurse. So, if you want an expensive divorce ? get an aggressive attorney...

If you want an expensive divorce ? get an aggressive lawyer

Posted on June 19, 2010
So, why do these lawyers resort to such psychological assualts? Well, the most cynical answer is that it pays! People in divorces are likely at the angriest point in their lives and all that anger is focused on the one person they are convinced has ruined their life...

Need debt relief? Beware of advertised debt solution centers

Posted on January 23, 2010
Check out this post at Kentucky Bankruptcy Law to avoid being ripped off.

Personal Soap Box: Insight Communications, Inc & the ?bundling? trap

Posted on January 17, 2009
First of all, Insight is engaging in poor business practices in that they effectively punish people who become loyal customers. The second lesson then is that our reluctance to change is our enemy. The third lesson is that when a company gets large enough, they no longer have to reckon with the individual customer...

Best Practice in Dependency, Abuse & Neglect Matters

Posted on January 02, 2009
I am writing this to correct any idea that I inadvertently promoted that being adversarial with the Cabinet is the way to win your case (I mean adversarial in the sense of ones attitude rather than in the sense that the court process is an adversarial process)...

Stall Tactic - Involuntary Termination of Parental Rights

Posted on September 03, 2008
Kentucky sets forth the grounds for a court involuntarily terminating parental rights in KRS 625.090. The statute basically gives the essential elements, all of which much be proved by the heightened standard of “clear and convincing” evidence: the child has been abused or neglected (and there are three wasy to show this) and that [...

Array

Posted on August 30, 2008
Array

Accountability by the courts

Posted on August 10, 2008
A decsion rendered by the Kentucky Court of Appeals on May 16, 2008 reveals that the appellate courts are prepared to hold the Cabinet for Health and Family Services accountable in termination of parental rights cases. There are very few published opinions in Kentucky reversing involuntary terminations initiated by the Cabinet...

Crisis brewing

Posted on July 23, 2008
The Fayette County office of the Cabinet for Health and Family Services, Protection and Permanency, is already in crisis mode and headings towards disaster. According to one source, there are only a dozen investigating workers and, due to budget constraints, none are being hired...

Cabinet practice has huge unintended (or is it?) consequence

Posted on May 15, 2008
A routine practice by the Cabinet for Health and Family Services in Fayette County seems innocuous to the untrained eye, but it has a huge unintended consequence for certain parents. I wonder if this consequence is actually unintended, but absent confirmation, I’ll give them the benefit of the doubt...

The Irony of No Child Left Behind (and Untested)

Posted on May 03, 2008
The Herald Leader ran this story about one ex-Principal, Peggy Petilli, allegedly (and believably) being driven to do questionable to downright crappy things to bring up her school’s test scores. The schools my own children go to focus so much on testing really high and the teaching is incredibly focused on “teaching to the [...

You can fight City (or State) Hall, Ms Hall:

Posted on May 03, 2008
I?ve been wanting to comment on the antics of Cabinet for Health and Family Services? Service Region Coordinator, Grace Akers, for some time. You can find out more about the events here and here from the Herald-Leader. Basically, Jami Hall, a social services worker from Jessamine Count cooperated with an investigation into Cabinet wrongdoing...

New Christian Legal Society forming:

Posted on March 23, 2008
A chapter of the Christian Legal Society is forming in the Bluegrass area of Kentucky. For more information about this forming CLS chapter, contact Gregory A. Napier in Lexington, Kentucky. Integrating one’s walk of faith with their practice of law, so that they are one and the same, will make the pursuit of [...

?Reasonable efforts? has real meaning

Posted on March 23, 2008
A recent decision of the Court of Appeals illustrates a an omission of the Cabinet for Health and Family Services that seems all too common. In the unpublished opinion, M.G.F. II v. CHFS, 2006-CA-002093-ME (March 21, 2008)(NOT to be published), the Court remanded an involuntary termination of parental rights case because the Cabinet failed [...

Off Topic: The silver lining of pharmaceuticals in water

Posted on March 10, 2008
George W. Bush goal of cutting $15 billion from Medicaid expenditures may be easier than he imaginied. Apparently medications are increasingly being found in our drinking water . These are apparently chemicals that pass unused through the humans taking the medications...

Improving Child Protection in Kentucky (Moment of Silence) postscript:

Posted on March 09, 2008
I followed up regarding my concerns, posted here, about Representative Stan Lee’s sweeping and innaccurate portrayal of ALL the family court judges in Fayette County being against ALL of HB 151. I have confirmed from a very knowledgeable and reliable source that ALL of the Fayette family court judges were, in actuality, in [...

Improving Child Protection in Kentucky Postscript (or - a moment of silence, please)

Posted on March 06, 2008
The title of this article from today’s Herald Leader was a bit too prophetic to be accidental: “Child protection revisions all but dead“. The impetus for this bill began back with the Office of Inspector General’s report many long months ago...

Systemic apathy and the attorney?s charge

Posted on February 22, 2008
Apathy is the predominate risk with judicial venues where the majority of defendants are guilty of what is alleged against them, such as criminal court or dependency, neglect and abuse court. This systemic apathy leads to the few truly innocent people who come through those courts to be shuffled along as expeditiously as possible [...

The Cabinet takes a stand for the ?best interest of the child (umm - no) . . . Cabinet/Worker?

Posted on February 17, 2008
I try to take at least 24 hours to calm down over a topic before I write a post about it. This time I took about 96 hours. I recently had a conversation with Cabinet worker’s in Fayette County. The topic was reunification services to a parent whose child was removed by [...

An example of resistance to change:

Posted on February 17, 2008
I encourage everyone to read this full article on an interview with Professor Robert G. Lawson in the Courier Journal. Bob Lawson is that rare individual who is willing to go against the popular tide and critical examine a position most take for granted and it was an honor to be taught by him...

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