Test Kentucky Divorce Law

Brockman v. Craig

Brockman v. Craig, 205 S.W.3d 244 (Ky. App. 2006)

Issues and Holdings:

1) Whether a parent, who spends more time with child than the other parent, can claim the status of primary residential parent for purposes of determining the standard to apply to a motion to relocate. The Court held no, the parent cannot claim such status.
2) What standard is to be applied to motions to relocate, if the motion is filed less than two years since the original custody agreement. The Court held that the parent wanting to relocate must show that the present environment endangered the child’s physical and emotional well-being.
The Circuit Court ordered that the motion for modification of custody did not meet the requirements for the court to hold a hearing under KRS 403.340, and denied the motion. Brockman appealed.
COMMENT: The Court of Appeals is almost begging the Kentucky legislature to address relocation. We have promoted consideration of the AAML's model relocation act here.

Relocation

Chief Judge Stephen George gave an excellent presentation on relocation at the AAML/LBA seminar last week," Fenwick, Dead or Alive?" We have made an editorial decision, though, not to report on judges' comments on this blog. The ABA Family Law Advocate features relocation as the subject of its most recent edition and contains a good bibliography. Bill Hoge pointed out that you don't have to be an ABA member to subscribe to the Advocate. Having no respect for Derby, the ABA Family Law Section at their Spring meeting next week in Washington, DC, will have a 2 1/2 hour plenary presentation on relocation on Thursday May 4, 2006 at 9:45 am. The speakers will include Judge Sundt of Rockville, Maryland, Professor Jeff Atkinson of Chicago, Attorneys Mary Jo Curley and Kathryn Murphy, both from Texas, Mary Connell, EdD. of Fort Worth and Jan DeLipsey from Dallas, Texas. It remains a hot issue in family law.