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Local Blogs, Mentoring and More: Check out the Divorce Law Journal for up to date state and local developments in family law

By Michael Stevens

Divorce Law Journal

Divorce and Family Law Info for Professionals in Kentucky and Beyond

4 Items
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Updated: Fri, Sep 4 2009 5:49 AM

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

By Diana L. Skaggs on Constitutional Issues

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. Athanasius School. Young appealed. Young argued that the order violates her First Amendment right to religious freedom and that the court could only appropriately order the child to attend St.Athanasius if it found that he had special needs that would require him to attend a private school. COA affirmed....

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Posted on: Thu, Sep 3 2009 4:14 PM
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P.C.C. v. C.M.C., Ky COA, Step-parent Adoption, Termination Of Parental Rights,Due Process

By Diana L. Skaggs on Termination of Parental Rights

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. K then married C.M.C., who filed a Petition for Adoption and Termination of Parental Rights. P objected, arguing that C lacked standing to initiate termination proceedings, and he filed a motion to enforce his visitation rights in the divorce matter....

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Posted on: Wed, Sep 2 2009 3:25 PM
Updated: Wed, Sep 2 2009 8:56 PM
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Two Ky Court of Appeals Published Opinions Released August 28, 2009

By Diana L. Skaggs

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. After other party filed CR60 motion, court ordered it to be equally divided and was affirmed. Digests to follow.

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Posted on: Mon, Aug 31 2009 3:30 PM
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Two Ky Supreme Court Family Law Published Opinions Rendered August 27, 2009

By Diana L. Skaggs

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 65.07. Regardless of the question of in personam jurisdiction over the Executor, trial court retained subject matter jurisdiction over the marital property when one party died after the entry of the decree of marital dissolution but before resolution of the marital property issues. Digests to...