Greene v. Boyd
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In this dispute over a modification of the parenting schedule for two minor children the Supreme Court affirmed the court of appeals' decision finding that the family court's admission and reliance upon certain statements by the court-appointed Friend-of-Court investigator (FOC) was harmless error, holding that the family court did not commit prejudicial error in admitting and considering the FOC's statements.
Father filed a motion for modification of the parenting schedule requesting that he become the primary residential custodian of the parties' two children. At a bench trial, the FOC testified as to her observations and findings from her previous investigation and report. The family court ordered that the children remain living with Mother. The court of appeals affirmed. The Supreme Court affirmed, holding (1) hearsay statements contained within an FOC's investigative report that do not fall within a recognized hearsay exception are nonetheless admissible as evidence in a domestic custody proceeding where the notice and procedural requirements comply with Ky. Rev. Stat. 403.300(3); and (2) a family court's appointment of an FOC to investigate and generate a report under section 403.300 amounts to a determination that the FOC is sufficiently qualified to offer opinion evidence concerning the fitness of a parent and child's custody arrangements.
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