Bartholomew Marshall v. Tiffany Marshall
2023-CA-1003
| Ky. Ct. App. | Jun 27, 2025Background
- Bartholomew Marshall (Father) and Tiffany Marshall (Mother) separated in late 2021, with Mother moving to Ohio and three minor children involved.
- The parents began with informal joint custody; the children primarily lived with Father for the 2022-23 school year.
- The circuit court appointed a Friend of the Court (FOC) to evaluate custody and entered temporary orders for equal parenting time in the summers.
- In 2023, both parents sought to become the primary residential custodian, and Mother sought to have the two youngest children live with her in Ohio.
- After hearings, the circuit court awarded joint custody, but allowed Mother to relocate with the two youngest children to Ohio and ordered Father to attend anger management therapy and improve co-parenting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Requirement for Anger Management Therapy | No substantial evidence supported the order | FOC findings showed anger issues | Court found sufficient evidence; order for therapy affirmed |
| Application of Relocation Statute | Court failed to apply correct statute | Not contested directly | Court misapplied KRS 403.320 (relocation); should have applied KRS 403.270; vacated and remanded |
Key Cases Cited
- Frances v. Frances, 266 S.W.3d 754 (Ky. 2008) (sets standard for custody determination based on child’s best interests)
- Pennington v. Marcum, 266 S.W.3d 759 (Ky. 2008) (addresses relevance of final custody decrees and statutory application)
- Layman v. Bohanon, 599 S.W.3d 423 (Ky. 2020) (explains distinction between initial custody standards and modifications)
- Anderson v. Johnson, 350 S.W.3d 453 (Ky. 2011) (requiring explicit findings when deviating from equal timesharing presumption)