Kentucky Adoption Court Cases

Kentucky Court Case: Goldfuss v. Goldfuss
The Kenton Circuit Court entered a judgment approving the adoption of an infant by a married couple with whom he had been placed by a licensed child care agency, after his natural mother had voluntarily terminated her parental rights. The child's natural father executed a "notarized" and "witnessed" consent to the child's adoption. The father's parental rights were not terminated. He was neither made a party in the mother's voluntary termination proceeding nor was he made a party in the subsequent adoption proceeding. His parental rights simply have not been terminated in either a voluntary or involuntary proceeding...


Kentucky Court Case: Day v. Day
This case concerns the fulfillment of statutory prerequisites for the valid adoption of a child. On May 26, 1990, the adopted child, PJLD, was born to unmarried teenage parents who were minors. Following the birth of the child, both parents resided for several months in the paternal grandparents' home. In September 1991, the biological mother moved out of state and left PJLD with the biological father who remained with his parents in their home....


Kentucky Court Case: Human Resources v. Basham
This is to notify you, Carl and Mary Basham, that your application for permission to receive Jason Dewayne Wilson, born November 13, 1974, is denied. This decision is based on the knowledge that Jason's mother, Katherine S. York, does not consent to your adopting him and has requested that he be returned to her. We are also concerned about the strong possibility of hostile interference by Jason's mother in your family life in the future, which would not be conducive to the child's adjustment as a member of your family...


Kentucky Court Case: Surrogate Parenting v. Armstrong
The circuit court held that the fact that the father's wife might in the future adopt the child did not bring SPA's practice within the statutory prohibition against purchasing a child for the purpose of adoption. KRS 199.590(2). n2 The circuit court reasoned that there is no requirement that the biological father be married, no assurance that his wife, if any, will subsequently adopt the child, and that any adoption by the wife would be governed by the law of the state in which the mother resides, which might not be Kentucky...


Kentucky Court Case: Rye v. Weasel
Rye argues that the Indian Child Welfare Act is not applicable because the undisputed facts of this case create an exception to the ICWA and the physical custody of the child demonstrates that the child was properly placed by the circuit court pursuant to existing Kentucky law. The Tribe contends that the Indian Child Welfare Act provides exclusive tribal jurisdiction in child custody proceedings involving Indian children who are wards of a tribal court and the Existing Indian Family Doctrine has no basis in law and would not apply in this situation in any event...


Kentucky Court Case: Prater v. Cabinet
Next, Appellant asserts that the Cabinet failed to provide services to Appellant pursuant to its duty as set forth in KRS 625.090(2) (c). The Cabinet's treatment plan provided for a five day initial foster care conference after the children were placed in its care. At this meeting, the various problems which led to the children's removal were discussed. The parents were advised of a plan, but they refused to cooperate or take advantage of the services, which included counseling. Appellant was enrolled in an alcohol treatment program, but was discharged following a determination that he was not cooperating. Appellant then entered and completed a thirty-five day...


Kentucky Court Case: Ford v. Commonwealth
The Attorney General has entered a motion to strike out the bill of exceptions, for the reason that there is no order of court filing it. A bill of exceptions is not a part of the record, unless it is filed by an order of court. The motion of the Attorney General should therefore be sustained, but, if the bill of exceptions is considered, no error appears...


Kentucky Court Case: Villier v. Watson
Paul Villier, who was a resident of Jefferson county, filed a petition in the Jefferson circuit court, by which he sought to adopt Ruth N. Watson and Nellie Marie Watson, who were two infant children, under the provisions of sections 2071 and 2072, of the Kentucky Statutes. He stated in his petition that he was a resident of Jefferson county, and that the infants were also domiciled in the county; that Ruth Naomi Watson was twelve years of age and Nellie Marie Watson was seven years of age; that their father and mother were dead, and they were then in the custody and control of their grandfather, Henry Watson, who joined in the petition for the purpose of consenting...


Kentucky Court Case: Greene v. Fitzpatrick
The appellees and plaintiffs below were nieces and nephews of the deceased, Wright, and were his next of kin and surviving heirs. On July 22, 1926, they, as such surviving heirs, filed their petition in the same court seeking to set aside the order or judgment of adoption "for fraud practiced by the successful party in obtaining the judgment," which is subsection 4 of section 518 of the Civil Code of Practice. The petition as amended alleged, as facts constituting the ground for the relief sought, that the persons directly interested in the adoption proceedings (the adopter and the adoptee) had for years prior thereto lived in a state of concubinage and because thereof the adoptee...


Kentucky Court Case: Major v. Kammer
The property described in Item 5 of the will has been transferred, and the proceeds now consist of property at 655 South 28th Street, 2639 Northwestern Parkway, a tract on Waterbury Street, and a tract on Frankfort Avenue, all in Louisville. The appellant, Mildred Lee Major, contends that as the sole natural child of Jennie Farrell Dryer Zachari she is entitled to the whole estate devised by Hoefer's will. The appellees, Lola Zachari Kammer and Margaret Lola Kammer, contend that as adoptive children of Mrs. Zachari they come within the term 'heirs at law' as used in the will, and they...


Kentucky Court Case: Higgason v. Henry
A mother appeals from a judgment ordering the adoption of her child by the appellees. The action was filed pursuant to the provisions of KRS 199.470. The mother, a non-resident, contested the adoption and charged that the requirements of parental consent had not been met as provided by the laws of this state. The pertinent provisions for parental consent are found in KRS 199.500 and read as follows...


Kentucky Court Case: Kantorowicz v. Reams
This is an unusual case between the mother of a six-year old boy, Bruce Barton, and the mother's parents involving the boy's adoption and custody. The appeal is by the mother, Mildred Kantorowicz, from a judgment of adoption of the child by his grandparents and the award of his custody to them. The petition or complaint was filed by the grandparents, Berton and Maggie Reams, seeking to adopt the child and to have his complete custody and control. They charged that insofar as his relations with his mother were concerned...

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