Tag Archives: child protection

Legal Separation v Divorce

One would be hard pressed to find an attorney in Kentucky who would bring up, much less advocate, the use of legal separation over that of a dissolution of marriage (divorce) in situations where… Continue reading

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Posted in Child custody, Child support, Divorce / Dissolution of Marriage, Family Law, Legal Separation, Pleadings | Tagged , , , , , , , , , | Leave a comment

The role of Guardian ad Litem taking shape:

Family Court Judges and Domestic Relations Commissioners have long used private, independent lawyers to facilitate resolving custodial and timeshare disputes in divorces. These lawyers are appointed by the judge as a Guardian ad Litem who is to, in some manner or another, look out for the children involved. The role of that Guardian ad Litem (or GAL) can be a confusing and ambiguous thing. However, the Supreme Court of Kentucky has issued… Continue reading

Posted in Child custody, child protection, Divorce / Dissolution of Marriage, Divorce lawyer tactics, Evidence, Family Law, Time-share | Tagged , , , , , , , , , , , | Leave a comment

What is Environmental Neglect of a Child

I finished a five hour long hearing (known as a CAPTA hearing) appealing the finding of neglect by the Cabinet for Health and Family Services, Department for Protection and Permanency (“Cabinet”). I will not know the outcome of this for at least thirty (30) days and even then the recommendation by the hearing officer will not be final. So, I do not want to comment on this specific case. However, it was an “environmental neglect” investigation that resulted in a finding of neglect and I discovered in the hearing that the investigation worker did not even know the regulatory requirements for…. Continue reading

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Best Practice in Dependency, Abuse & Neglect Matters

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). Those criticisms are designed mainly for a global change in the system through political action; they are not meant to fuel a personal vendetta in an individual case. Continue reading

Posted in child protection, Family Law, Life & Law | Tagged , , , , , , | 17 Comments

Stall Tactic – Involuntary Termination of Parental Rights

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 … Continue reading

Posted in child protection, Family Law | Tagged , , , , , , , | 3 Comments

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

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, … Continue reading

Posted in child protection, Politics | Tagged , , , , , , | Leave a comment

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

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 … Continue reading

Posted in child protection, Family Law, Politics, Uncategorized | Tagged , , , , , | 7 Comments