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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

Ky Court of Appeals Issues Two Published Family Law Opinions Today

Posted on September 10, 2010
Mosley v. Mosley, trial court erred when it refused to permit amendment of response to petition to request maintenance. J.M. v. Commonwealth, et. al., order denying grandparents' motion for temporary custody affirmed. Digests to follow.

No Published Family Law Opinions From Ky Court of Appeals Today

Posted on September 03, 2010

CHFS v. Bowman, Ky COA, Modification of Child Support, Deviation from Guidelines

Posted on August 30, 2010
CHFS v. Bowman, 2009-CA-001830-ME Published: Affirming County: Jefferson CHFS and Mom appealed FC?s order denying motion to modify child support. FACTS: Mom and Dad divorced while Child was toddler. MSA provided that Dad would be primary residential parent and neither parent would pay child support...

Mullins v. Picklesimer Opinion Modification

Posted on August 27, 2010
Mullins v. Picklesimer, The substance of the opinion remains unchanged. The Kentucky Supreme Court modified the opinion to clarify two points: 1. that ?physical custody? of KRS 403.800 to KRS 403.880 does not require exclusive care and supervision; rather, where one renders care and supervision concurrently with another or on an equal time-sharing basis, that person would have ?physical custody? of a child per KRS 403...

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Kentucky Court of Appeals Issues Two Published Family Law Cases Today

Posted on August 27, 2010
Anderson v. Thompson, denial of motion to modify timesharing affirmed; findings of fact are not required when post-decree motions are denied. Miller v. Harris, custody of deceased mother's children to great uncle and aunt, over objection of maternal grandmother, affirmed...

Dudgeon v. Dudgeon, Modification of Child Support, Change in Circumstances, Guidelines Inapplicable

Posted on August 27, 2010
Dudgeon v. Dudgeon, 2009-CA-00522-ME and 2009-CA-001013-ME Issue: Modification of Child Support Published: Vacating and Remanding County: Franklin Dad appealed FC?s orders denying to separate motions to modify child support based on Mom?s increased income...

Family Law From Ky Supreme Court Today

Posted on August 26, 2010
There are no new published family law opinions. However, the prior opinion in Mullins v. Picklesimer was modified and a new opinion substituted. We'll have to study the new one, compare it to the prior one, and will post a revised digest if there is anything significant...

Ky Court of Appeals Releases One Published Family Law Opinion Today

Posted on August 20, 2010
Jones v. Hammond, order terminating child support reversed and remanded. Digest to follow.

Kelsay v. Carson, Ky COA, Modification of Custody and Parenting Schedule

Posted on August 19, 2010
Kelsay v. Carson 2009-CA-002175-ME Published: Affirming County: Boyle Father appealed FC?s order making Mother primary residential parent of Child. FACTS: Mother and Father, never married, had Child in 2000. In 2004, FC entered Order awarding joint custody and designating Father as primary residential custodian...

No Ky COA Published Family Law Opinions This Week

Posted on August 13, 2010

No Published Family Law Opinions From Ky COA Last Week

Posted on August 09, 2010

Caudill v. Caudill, Ky COA, Domestic Violence

Posted on August 01, 2010
Caudill v. Caudill, 2009-CA-002002-ME Issue: Domestic Violence Order entered by Family Court reversed. Published: Reversed County: Pike Bart A. Caudill appealed from a Domestic Violence Order entered by Family Court in Pike Circuit Court at the request of Kathryn L...

Ivy v. Cabinet for Health and Family Services, et al, Ky COA, Child Support, SSI, Contempt

Posted on August 01, 2010
Ivy v. Cabinet for Health and Family Services, et al, 2009-CA-001279-ME Issue: Disabled SSI recipient held in contempt and ordered to pay child support or go to jail. Published: Reversed County: McCracken Renee Ivy appeals from Order of McCracken Family Court holding her in contempt and ordering her to pay child support or go to jail for 30 days...

No Published Family Law Opinions From Ky COA Last Week

Posted on August 01, 2010

Two Published Family Law Opinions From Ky Court of Appeals Today

Posted on July 23, 2010
Dudgeon v. Dudgeon, an important child support modification case where the children spend nearly an equal amount of time with each parent and the parents' incomes are nearly equal. Caudill v. Caudill, entry of domestic violence order reversed. Digests will follow, albeit a little slowly.

Louisville Bar Association to Discuss Impact of Amanda's Bill Tomorrow Afternoon

Posted on July 21, 2010
What: The Louisville Bar Association will be hosting a panel discussion on the recent changes and impact of House Bill 1 (Amanda?s Bill). When: Thursday, July 22, 2010, 4:00 ? 5:30 p.m. Where: Louisville Bar Center, 600 W. Main St., Suite 110. Who: Members of the Louisville Bar Association, AOC representatives, prosecution, local and state law enforcement, advocacy services, corrections and members of the Louisville Metro Domestic Violence Prevention Coordinating Council...

Grayson v. Grayson, Ky COA, Grandparent Visitation

Posted on July 20, 2010
Grayson v. Grayson, 2009-CA-001963-ME Issue: Judgment granting grandparents limited visitation over objection of children?s parents reversed. Published: Reversed County: Mason Stephanie and Shane Grayson and their two minor children appealed from a judgment of the Mason Circuit Court granting June Grayson, paternal grandmother of the children, limited grandparent visitation despite the vehement objection of the children?s parents...

Four Published Family Law Opinions From Ky Court of Appeals Today

Posted on July 16, 2010
Ivy v. Cabinet for Health and Family Services, et al . Contempt finding for failure to pay child support reversed. Grayson v. Grayson. Judgment granting grandparents limited visitation over objection of children's parents reversed. Cabinet for Health and Family Services v...

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

Posted on July 09, 2010

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

Posted on July 02, 2010

A.C. v. Com., Ky COA, Due Process, Contempt, Juvenile Status Offenders

Posted on June 30, 2010
A.C. v. Com., 2009-CA-000714-ME Published: Vacating, Remanding, and Denying Motion to Dismiss County: JESSAMINE Child appealed FC?s order finding her in contempt of court for violation of juvenile probation. FACTS: Parents filed ?beyond control? juvenile complaint against Child in 2007, and Child requested formal hearing...

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

Posted on June 25, 2010

Smith v. Garber, Ky. S. Ct., Paternity

Posted on June 23, 2010
Smith v. Garber, et al, 2009-SC-000738-MR Issue: Affirmed Court of Appeals denial of a writ of prohibition to enjoin family court from ordering genetic testing. Published: Affirmed County: Jefferson Andrew Cahill, the real party in interest, filed a suit in Jefferson Family Court seeking to establish paternity and obtain custody of T...

No Published Family Law Opinions From Ky Court of Appeals Today

Posted on June 18, 2010

One Published Family Law Opinion From Ky. Supreme Court Today

Posted on June 17, 2010
Smith v. Garber. Family Court was within its jurisdiction to order genetic testing in a paternity case where putative father alleged and presented evidence that the child was born to a married woman whose marital relationship to her husband ceased more than 10 months before the child's birth...

J.R.A. v. G.N.A., Ky COA, Paternity By Estoppel

Posted on June 14, 2010
J.R.A. v. G.N.A. , 2009-CA-001709-ME Issue: Reversal of family court holding that father was equitably estopped from denying paternity. Published: Reversed and Remanded County: Jefferson When family court adjudicated appellant the legal father of appellee?s child, he brought this appeal...

One Family Law Published Opinion From Ky Court of Appeals Today

Posted on June 11, 2010
J.,R.A. v. G.D.A. , family court holding that father was equitably estopped from denying paternity was reversed. Digest to follow.

Review Granted in Ky Family Law Arbitration Case

Posted on June 10, 2010
We are delighted to report that the Kentucky Supreme Court granted discretionary review in Campbell v. Campbell, the arbitration case about which we lamented here and digested here.

One Published Ky COA Family Law Opinion Today

Posted on June 04, 2010
A.C., a minor v. Commonwealth of Kentucky, a status and dependency, abuse and neglect case. Digest to follow.

Lichtenstein v. Lichtenstein, Ky. S. Ct., Income Withholding Orders For Child Support, Property Division And Marital Debt

Posted on May 28, 2010
Lichtenstein v. Lichtenstein, 2008 SC-000661-DG Issue: Income withholding orders for child support, property division, and reimbursement of marital debt. Published: Reversing County: Jefferson Husband?s appeal involved two Income Withholding Orders, each requiring garnishment of his wages...

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