16 Dec Jefferson Family Court Judge Gets “Written Up” by KY Court of Appeals

In a rare act, the Kentucky Court of Appeals issued an emergency order against a Jefferson County Family Court Judge. It vacated an Order that took an infant from the father, Anthony, and placed the child with the biological mother, Destiny.

The facts in the case are essential. Upon learning she was pregnant, Destiny contemplated giving the baby up for adoption. The putative father objected to the adoption. Eventually, the parents entered an agreed order that placed the child in the sole custody of the father before the baby was born. Anthony took the child home from the hospital. The agreement was formalized in June 2024. The Agreed Order signed by both parties provided that Anthony would have sole legal custody and that Destiny would pay no child support so long as she was not seeking any parenting time. The order was tendered to the court. That situation lasted for about five months. 

When Anthony moved to Tennessee with the child, things went downhill. Fast.

Destiny (and the paternal grandmother) appeared in open court on October 7. As the Court had informed the father and his counsel that there would not be court on that day, Anthony did not appear. His lawyer was on the telephone and requested a separate date for an evidentiary hearing. Judge Ogden denied that request. Remarkably, the Family Court set aside the prior agreed order of the parties despite the following facts:

1. Destiny did not file a motion for modification of custody. Nor was there an oral request for this relief.
2. There was no claim that the child was in danger.
3. There was no claim that Anthony had a criminal history or was using drugs or alcohol.

The Family Court also ordered the father and child to return to KY.

The case was on the motion hour docket the following week as Anthony’s lawyer had filed a Motion to Vacate the mysterious order. The judge instead ordered that the child be placed with the mother despite not taking any testimony at that time. Judge Ogden based this on unspecified instances of erratic behavior; however, there was no written order or findings regarding the child’s best interests.

The Court of Appeals issued a quick emergency order. Judge Combs found that the father had demonstrated that he had suffered irreparable harm. The appellate order was based on the following:

• The Family Court based its decision solely on “bare allegations” of erratic behavior of the father.
• The Family Court denied the father’s numerous attempts to present his defense.
• The Family Court made a decision that was not based on the child’s best interests, and indeed, there was no evidence of serious endangerment.
• There was no written order to support the removal. The Court of Appeals noted that the Family Court did not appear to have an order in the works and failed to respond to the father’s motion.

In short, the Court of Appeals acted appropriately and quickly to return the child to the only home the child has ever known.

Congrats to Louisville lawyer Bryan Gowin for his outstanding work on behalf of his client.