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« Frances v. Frances, Ky S.Ct., Modification Of Custody, Timesharing, Primary Residence | Main | No To Be Published Ky COA Family Law Decisions November 7 and 14, 2009 »

November 13, 2008

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What about Crossfield v. Crossfield? When the COA said that a change of Primary Parent was in effect a change/modification to the custody decree thus, KRS403.340 rules, not KRS 403.320. I wonder if Crossfield applies in cases only where one parent really does have the majority of the parenting time (i.e., 80% of the time);or does Pennington totally overrule Crossfield, Fenwick, etc? I have been following relocation cases here lately, and I'm finding that in Kentucky, most relocation petitions/requests are being flat out denied, which I think is concerning.How does a family court balance a parent's rights, within the confines of the KY statues (best interests of the child?). I think KY definitely should adopt a relocation statute to make things clear for family courts; not necessarily automatically granting or deny any relocation, but examining each case on its merits.
Thanks!

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