12 Kentucky opinions name it 3 courts 1926–2024 7 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Larry Massie v. Deborah Navygreen2 sentences2024Because “the facts of each case dictate which Walker factors are most relevant and possibly dispositive . . . all eight Walker factors need not be considered[.]” Massie v. Navy, 487 S.W.3d 443, 447 (Ky. 2016). 2022The Supreme Court clarified in Massie that because “the facts of -11- each case dictate which Walker factors are most relevant and possibly dispositive . . . all eight Walker factors need not be considered[.]” Massie, 487 S.W.3d at 447 . | 2 | 4 |
Walker v. Blairgreen2 sentences2022The Walker Court further recognized that granting grandparent visitation over the objection of the parents can be especially burdensome to the parent-child relationship when “animosity exists between the parent and grandparent[,]” and concluded that such visitation “should not be granted if it is clearly detrimental to the parent-child relationship.” Walker, 382 S.W.3d at 872 . 2021Walker, 382 S.W.3d at 871 . -7- Here, as discussed, Grandmother notes that she loves Child, and she points out that Child and Mother lived with her for a short period of time. | 2 | 4 |
Commonwealth v. Rothgreen1 sentence2022CR 76.12(8)(a); CR 73.02(2)(a); Commonwealth v. Roth, 567 S.W.3d 591, 595 (Ky. 2019). | 1 | 1 |
Nicholas v. Thomasgreen1 sentence2022See Walker, 382 S.W.2d at 871 (“[T]he trial court should not attempt to determine whether the parent is actually fit before presuming that the parent is acting in the child’s best interest. | 1 | 1 |
Nein v. Columbiagreen2 sentences2022The opinion emphasized, -13- reiterating the Walker standard, that “while the petitioning grandparent need not show that denying visitation will harm the child, they must ‘show that the fit parent is clearly mistaken in the belief that grandparent visitation is not in the child’s best interest.’ If the grandparent is unable to make this showing, ‘then parental opposition alone is sufficient to deny the grandparent visitation.’” Id. at 496 (citation omitted). 2022The opinion emphasized, -13- reiterating the Walker standard, that “while the petitioning grandparent need not show that denying visitation will harm the child, they must ‘show that the fit parent is clearly mistaken in the belief that grandparent visitation is not in the child’s best interest.’ If the grandparent is unable to make this showing, ‘then parental opposition alone is sufficient to deny the grandparent visitation.’” Id. at 496 (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Morton v. Tipton
green
2 sentences2021In Morton, the Court reaffirmed the utility of the Walker factors in non-parent custodian cases and advised courts to replace the references to “parents” therein with “non-parent custodian.” Id. at 399 . 2021Id. at 399 . | 1 | 2021–2021 |
Waddle v. Waddle
green
2 sentences2018Id. 2018Id. | 1 | 2018–2018 |
United States v. Ronald Wayne Thomas
green
2 sentences2001The question of whether a "mere presence" defense creates a material issue as to the defendant's mental state is addressed in United States v. Thomas, 58 F.3d 1318 (8th Cir.1995). 2001The question of whether a “mere presence” defense creates a material issue as to the defendant’s mental state is addressed in United States v. Thomas, 58 F.3d 1318 (8th Cir.1995). | 1 | 2001–2001 |
Walker v. Coulter
neutral
2 sentences1926This court in Walker v. Coulter, Auditor, 113 Ky. 814 , 68 S.W. 1108 , upheld the lower court's refusal to grant Walker the mandamus requested to compel the auditor to issue his warrant for Walker's claim for pay which had been duly certified to the auditor by the chief clerk of the Senate. 1926This court in Walker v. Coulter, Auditor, 113 Ky. 814 , 68 S.W. 1108 , upheld the lower court's refusal to grant Walker the mandamus requested to compel the auditor to issue his warrant for Walker's claim for pay which had been duly certified to the auditor by the chief clerk of the Senate. | 1 | 1926–1926 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.