Lacey Jo Kabel v. Benjamin Thomas Kabel
2023-CA-1180
Ky. Ct. App.May 2, 2025Background
- The parties, Lacey Jo Kabel (Mother) and Benjamin Thomas Kabel (Father), shared joint custody of their child after divorce.
- Both parents initially agreed, via mediation, to send their child to Oak Grove Christian Academy, an unaccredited religious school.
- Father developed concerns about the lack of accreditation, insufficient teacher involvement, and limited socialization at Oak Grove.
- Father moved to modify the agreement, seeking enrollment of the child in an accredited school, citing the child’s best educational interests.
- After an evidentiary hearing, the trial court found continued attendance at Oak Grove was not in the child’s best interests and ordered enrollment in either a public elementary school or an appropriately accredited private school.
- Mother appealed, arguing both educational and constitutional claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Change of child's school | Mother argued for continued attendance at Oak Grove for religious and social reasons. | Father contended Oak Grove’s unaccredited status and lack of teacher engagement was not in the child's best interest. | Court ordered enrollment in an accredited school, finding it best served the child's interests. |
| Standard of review | Mother claimed the trial court abused its discretion. | Father agreed with using abuse of discretion standard. | Court clarified that 'clearly erroneous' review applies to factual findings, not abuse of discretion. |
| Parental rights and religion | Mother raised First Amendment concerns about religious upbringing. | Father focused on educational quality, not religious factors. | Court found no undue infringement; courts resolve impasses in joint custody by focusing on the child’s best interest. |
| Sufficiency of evidence | Mother argued the trial court’s finding lacked support. | Father asserted there was substantial evidence Oak Grove was unsuitable. | Court found substantial evidence supported the decision and affirmed the lower court. |
Key Cases Cited
- Burchell v. Burchell, 684 S.W.2d 296 (Ky. App. 1984) (trial court must resolve joint custody impasses by focusing on child’s best interest)
- Addison v. Addison, 463 S.W.3d 755 (Ky. 2015) (standard for appellate review of family court factual findings is clearly erroneous)
- Frances v. Frances, 266 S.W.3d 754 (Ky. 2008) (standard for appellate review of factual findings in child custody cases)