Keifer v. Keifer
2011 Ky. LEXIS 149
| Ky. | 2011Background
- Cory and Jaylynne Keifer were divorced in 2008 with joint custody and a visitation schedule that followed the parents' then-current residences.
- The decree allocated parenting time to Jaylynne based on her residence; relocation to another state could trigger modification either by agreement or court order.
- In July 2009 Jaylynne moved to Fort Hood, Texas, and sought to modify parenting time in Hardin County Family Court.
- At an evidentiary hearing the judge orally ruled that the children would live mainly with Cory and Jaylynne would have parenting times under the court’s schedule; the court stated its reasoning referenced KRS 403.270(2) and “best interest” findings.
- A written order entered afterward stated joint custody with no primary residential parent, Jaylynne’s parenting times per HFCR 702, and termination of Cory’s child support, but provided no written findings of fact.
- Court of Appeals reversed for lack of written findings and lack of explicit application of the statutory best-interest factors; remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether written findings are required in post-decree visitation modification. | Jaylynne: requiring CR 52.01 findings. | Cory: no need for written findings in modification. | Written findings required; remand for new order with written findings. |
| Whether the trial court’s oral findings suffice for appellate review and meet statutory standards. | Findings exist in bench discussion but not in writing. | Oral findings can support the decision. | Oral findings are insufficient; must be written but may be informed by the bench discussion on remand. |
| Whether the modification complied with KRS 403.270(2) factors and KRS 403.320(3). | Modification considered best interests under statutory factors. | Order reflects change in custody without explicit factor analysis. | Court must provide explicit written findings applying the 403.270(2) factors. |
Key Cases Cited
- Anderson v. Johnson, 350 S.W.3d 453 (Ky. 2011) (post-decree visitation modifications require written findings)
- Johnson v. Smith, 885 S.W.2d 944 (Ky. 1994) (substantial-compliance standard for notice/appeal in family matters)
- Alleman, 306 S.W.3d 484 (Ky. 2010) (oral findings on video record do not replace written findings in this context)