Ky. Rev. Stat. § 411.137

Limitation on right to recover for wrongful death of child if parent has

Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

abandoned care and maintenance. (1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to maintain a wrongful death action for that child and shall not have a right otherwise to recover for the wrongful death of that child, unless: (a) The abandoning parent had resumed the care and maintenance at least one (1) year prior to the death of the child and had continued the care and maintenance until the child's death; or (b) The parent had been deprived of the custody of his or her child under an order of a court of competent jurisdiction and the parent had substantially complied with all orders of the court requiring contribution to the support of the child. (2) This section may be cited as Mandy Jo's Law. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 414, secs. 2 and 4, effective July 14, 2000.

Notes of Decisions

Cited in 8 cases (5 in the last 5 years), 2003–2024 · leading case: Kimbler v. Arms

Sort: Relevance Newest Treatment

Kimbler v. Arms (2003) kyctapp “KRS 411.137, supra, n. 1; KRS 391.033, supra, n.”

S.B.B. v. J.W.B. (2010) kyctapp “For instance, Father could not recall the custody arrangement from the initial custody decree; he was unsure of J.C.B.’s grade in school and assumed he was in “the fourth grade, possibly;” he did not know what grade the child was in when Father last saw him in 2005; he did not…”

Bryan Keith Simms, of the Estate of John Robert Simms v. Estate of Brandon Michael Blake (2021) ky · cites it 8× “033 and KRS 411.137 (together “Mandy Jo’s Law”) precluded him from recovering his intestate share of the settlement proceeds 1 John Robert Simms passed away on October 5, 2019.”

Lawrence Miller, Jr. v. Brittany Bunch, Administratrix of the Estate of Autumn Raine Bunch (2022) ky · cites it 4× “137, provides in its entirety: (1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to maintain a wrongful death action for that child and shall not have a right otherwise to recover for the wrongful death of that child,…”

Lawrence Miller Jr v. Brittany Bunch Administratrix of the Estate of Autumn Raine Bunch (2021) kyctapp · cites it 3× “033 and KRS 411.137, which preclude parents from recovery of damages for the wrongful death and loss of consortium of their child under certain conditions.”

Sbb v. Jwb (2010) kyctapp “For instance, Father could not recall the custody arrangement from the initial custody decree; he was unsure of J.”

Katelyn Trapp Johnson v. the Estate of Chase Matthew Trapp Knapp by Matthew Knapp (2021) kyctapp “KRS 411.137 provides: (1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to maintain a wrongful death action for that child and shall not have a right otherwise to recover for the wrongful death of that child, unless: (a)…”

Vontella Combs, Individually and as Administratrix of the Estate of Bryce Kolton Wade Combs v. City of Morehead, Kentuck (2024) kyctapp “For example, the existence of the two statutes that encompass “Mandy Jo’s Law” (KRS 411.137 and KRS 391.033) indicate “[t]he Legislature's overarching intent in passing Mandy Jo’s Law is not difficult to discern.”

— Ky. Rev. Stat. § 411.137(1) — 2 cases

Lawrence Miller Jr v. Brittany Bunch Administratrix of the Estate of Autumn Raine Bunch (2021) kyctapp “033 and KRS 411.137, which preclude parents from recovery of damages for the wrongful death and loss of consortium of their child under certain conditions.”

Lawrence Miller, Jr. v. Brittany Bunch, Administratrix of the Estate of Autumn Raine Bunch (2022) ky “137, provides in its entirety: (1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to maintain a wrongful death action for that child and shall not have a right otherwise to recover for the wrongful death of that child,…”

— Ky. Rev. Stat. § 411.137(1)(b) — 1 case

Bryan Keith Simms, of the Estate of John Robert Simms v. Estate of Brandon Michael Blake (2021) ky “033 and KRS 411.137 (together “Mandy Jo’s Law”) precluded him from recovering his intestate share of the settlement proceeds 1 John Robert Simms passed away on October 5, 2019.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.