COA 2009 Minutes: December 30, 2009 (Nos. 1290-1306)

COA 2009 Minutes: December 30, 2009 (Nos. 1290-1306)

  • 17 decisions
  • 1 published

Published Decisions with digest and link to full text decision at AOC:

1301
FAMILY LAW – MODIFICATION OF CHILD CUSTODY, CR 60.02
WALSH-STENDER VS. WALSH

OPINION VACATING
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BEFORE: LAMBERT AND VANMETER, JUDGES; HARRIS,1 SENIOR JUDGE.
HARRIS, SENIOR JUDGE: Kimberly Walsh-Stender appeals from a Fayette Family Court order, entered on December 16, 2008, denying her motion to alter, amend, or vacate its prior decision to modify the custodial arrangements of her minor son pursuant to Kentucky Rules of Civil Procedure (CR) 60.02. Kimberly2 claims that the trial court erred in the following ways: (1) the evidence failed to show that a change of circumstance existed which required modification in order to comply with the best interests of the child; and (2) the factual findings of the trial court were not supported by substantial evidence. Although Kimberly’s claims appear to be supported by the record, CR 60.02 relief is not the proper remedy for either claim. Nonetheless, we vacate the trial court’s orders based upon the court’s lack of jurisdiction.

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