Keifer v. KeiferAnnotate this Case
Father and Mother were awarded joint custody of their two children by the family court. The original divorce decree provided that if either party relocated to a different country or state, the parties would move for an order of modification. The children resided primarily with Mother. When Mother sought to relocate and filed a motion to modify the parents' parenting time, the family court judge ruled that the decree would be modified so the children would live primarily with Father. The court of appeals reversed, concluding that the family court's order failed to reflect any consideration of the factors set forth in Ky. Rev. Stat. 403(2) relating to custody determinations. The Supreme Court (1) affirmed with respect to the inadequacy of the order because of its failure to include written findings in support of its custody determination; (2) concluded that adequate findings were made from the family court bench; but (3) further remanded with specific directions for the entry of a new order that complies with the Court's recent decision in Anderson v. Johnson, which requires that trial court opinions affecting child custody state the court's findings in support of its decision in writing.