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« Fixed Fees for Divorce (Updated) | Main | The Morning After Bio-Dads Lose Big In Kentucky »

April 24, 2008


Kentucky Law Review posted a very interesting piece from Greg Napier's Lexington Family Law blawg last Monday May 19th, but now the post has vanished. The post and link was called Paternity Pandemonium III posted at ( http://lexingtonlawyer.wordpress.com/2008/05/14/paternity-pandemonium-iii/ ). Napier discusses, in a very clever hypothetical scenario, how the KY Justices may have overlooked KRS 610.020 and KRS 625.060 in their ruling.

It's somewhat odd that Mike Stevens has deleted the post to Napier's insightful link. It's been alleged by some that Stevens' is very pro-Ricketts and posts as little about the Ricketts/Rhoades case as possible, which is ashame for those practicing family law in Kentucky.


Abramson's opinion was not brilliant. It was appalling. She tries to get around the statute and the U.S. Supreme Court ruling by claiming that the marriage relationship ended when one party engaged in adultery. She would never apply that 'logic' in any other situation. Imagine a husband trying to get out of sharing marital income with a wife during a divorce by claiming that the marriage relationship ended when one of them engaged in adultery.

Abramson's opinion represented weasel works at their worst. Its reasoning was absurd. Its result was wrong. The case was about an area in which the legislature had spoken, via statute, in a way that the U.S. Supreme Court has previously upheld. There was no honest way for the court to rule other than it did: upholding and applying the statute.

The majority got it right in this case.

I absolutely LOVE your site!
I am amazed at some of the topics and the decisions rendered!

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