Lydia Addison v. Kevin Addison, 463 S.W.3d 755

Background

Kevin and Lydia Addison divorced in 2007; the dissolution decree awarded Lydia sole custody of two children (M.A., then 7; S.A., then 11) and Kevin reasonable parenting time. Lydia and the children moved to Indiana after separation.
Over several years Kevin repeatedly sought enforcement and modification of parenting time; in 2010 Lydia alleged Kevin had sexually abused the children, which the Cabinet investigated but did not substantiate, and the trial court imposed supervised visitation.
The trial court ordered a forensic evaluation by Dr. Kelli Marvin; her report (Jan. 2012) recommended liberal unsupervised access and, in a Feb. 2012 addendum, recommended awarding primary custody to Kevin (noting parental alienation by Lydia). The court scheduled a six‑hour custody hearing for Aug. 16, 2012.
At the hearing the parties presented evidence, the children were not permitted to testify, and the court awarded sole custody to Kevin and supervised visitation to Lydia. Lydia appealed; the Court of Appeals reversed and remanded, finding the trial court abused discretion by imposing a time limit and excluding the children’s testimony.
The Kentucky Supreme Court granted discretionary review and reversed the Court of Appeals, reinstating the trial court’s custody decision.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused discretion by imposing a six‑hour time limit on the final custody hearing	Lydia: time limit was arbitrary and denied her opportunity to present witnesses and evidence	Kevin: hearing was scheduled months in advance, both sides had notice and equal time; court familiar with case and Dr. Marvin's extensive report	Held: no abuse of discretion; trial courts may impose reasonable time limits, and here six hours was not arbitrary or unreasonable
Whether the trial court erred by refusing to permit the children to testify	Lydia: children should have been allowed to testify (or be interviewed in camera); exclusion denied full and fair hearing	Kevin: children’s testimony added little; court had extensive expert and GAL interviews to assess children’s best interests; court may protect children from harassment/embarrassment	Held: trial court did not err; courts have discretion to exclude child testimony or decline in‑camera interviews to protect children, and Coleman to the extent it required testimony absent incompetency is overruled
Whether Kentucky trial court should have relinquished jurisdiction to Indiana (UCCJEA/inconvenient forum)	Lydia: case should be transferred to Indiana given children’s residence there for ~5 years	Kevin: Kentucky retained continuing jurisdiction; significant connections existed (Kevin resided in Kentucky, visitation there, long pendency of case)	Held: trial court properly retained jurisdiction under continuing‑exclusive jurisdiction principles; Lydia’s late timing undermined transfer request
Whether court erred in denying Lydia attorney’s fees request and in refusing to order Kevin to submit to a mental evaluation	Lydia: court failed to make financial findings re: KRS 403.220 and should have ordered Kevin evaluated by Dr. Zamanian	Kevin: trial court considered resources and discretion to award fees; Lydia’s motion for evaluation lacked timely, good‑cause showing that Kevin’s mental health was in controversy	Held: court did not abuse discretion—denial of fees and denial of compelled mental exam were proper

Key Cases Cited

Coleman v. Coleman, 323 S.W.3d 770 (Ky. Ct. App. 2010) (discussed child testimony and trial court discretion over competency and in‑camera interviews)
Biggs v. Biggs, 301 S.W.3d 32 (Ky. Ct. App. 2009) (continuing jurisdiction of original decree state when significant connections remain)
Branham v. Rock, 449 S.W.3d 741 (Ky. 2014) (trial court discretion over evidentiary control and scope of proof)
Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001) (trial court discretion in awarding attorney’s fees in domestic relations matters)