Masters v. Masters
Annotate this CaseFather and Mother had one child when they divorced. In its initial custody order, the family court granted the parties joint custody of the child, designated Mother as the primary residential custodian, and set child support and established a visitation schedule. A final decree of dissolution of marriage was entered three months later that incorporated by reference the initial custody order. Twenty-five months after the initial custody order but only twenty-two months after entry of the final judgment awarding joint custody, Father filed a motion to modify child custody so as to grant him sole custody of the child. After a hearing, the family court granted Father sole permanent custody of the child. The court of appeals vacated the trial court's order on the ground that the family court lacked subject matter jurisdiction over the matter pursuant to Petrey v. Cain because Father's motion was made less than two years after the entry of the final decree awarding custody and was supported by only one affidavit. The Supreme Court reversed, holding that subject matter jurisdiction of this matter was not contingent upon compliance with the affidavit requirement of Ky. Rev. Stat. 403.340. Remanded.
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