Nathan Scott Guthrie v. Morgan Elizabeth Martin, Now Stamper
2021 CA 000218
| Ky. Ct. App. | Feb 24, 2022Background
- Child born in Kentucky in 2011. Parents separated; Father (Guthrie) moved to Ohio in 2012; Mother (Martin) remained in Kentucky and Child continued to have significant contacts in Kentucky.
- Father petitioned for custody in Rowan Circuit Court (Ky.) in 2016; parties initially agreed to temporary sole custody to Father with supervised visitation for Mother.
- Over several years Mother completed rehabilitation, sought expanded/equal timesharing and to relocate Child back to Kentucky; Father sought transfer of the case to Ohio.
- Rowan Circuit Court twice considered jurisdiction and ultimately concluded Kentucky retained exclusive, continuing jurisdiction under the UCCJEA and found Kentucky a convenient forum.
- On February 1, 2021 the circuit court modified custody from sole to joint (Father remained primary residential custodian), expanded Mother’s timesharing, ordered counseling/family therapy, alternated the child tax exemption, set monthly child support for Mother, and split GAL fees 50/50. Father appealed.
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| Jurisdiction under UCCJEA | Ohio has proper jurisdiction; Kentucky lost significant-connection/substantial-evidence basis | Child and Mother retain significant connections/substantial evidence remains in Kentucky | Affirmed: Kentucky retained exclusive, continuing jurisdiction under KRS 403.824 |
| Forum convenience (decline jurisdiction) | Kentucky is inconvenient; Ohio would be more convenient forum | Kentucky remains convenient given contacts, distance, familiarity, resources | Affirmed: court did not abuse discretion in keeping Kentucky jurisdiction |
| Modification to joint custody | Court should have left sole custody with Father; Mother’s past substance abuse and residence in Ohio weigh against change | Mother is stable, sober, has significant contacts with Child; change serves Child’s best interest | Affirmed: modification to joint custody supported by substantial evidence; no abuse of discretion |
| Court-ordered counseling/family therapy | Father objects to compelled counseling/therapy | GAL and evidence supported counseling as beneficial | Affirmed: counseling order within court’s discretion |
| Allocation of child tax exemption | Father should retain exemption (primary residential custodian); court erred by alternating exemption years without findings | Mother argued for alternating; court ordered alternate years | Reversed and remanded: court failed to make required factual findings justifying alternating exemption per Smyrichinsky |
| Child support — retroactivity and calculation (health insurance) | Support should be retroactive to Father’s motion; court failed to include Father’s health/vision/dental insurance costs in calculation | Court found no arrearage and explained support decision; left effective date to discretion but omitted specific allocation of health insurance costs | Mixed: no abuse in declining retroactivity/arrearage given record; reversed/remanded to allocate health insurance expenses or justify deviation per KRS 403.211 |
| GAL fees allocation | Court originally ordered Mother pay GAL fees; later directed 50/50 split — error to require Father to pay half | Father challenged equal split given incomes and earlier order | Affirmed: trial court within discretion to apportion GAL fees equally |
Key Cases Cited
- Biggs v. Biggs, 301 S.W.3d 32 (Ky. Ct. App.) (significant-connections test can preserve jurisdiction even if child resides out of state)
- Shafizadeh v. Bowles, 366 S.W.3d 373 (Ky. 2011) (whether trial court acted within jurisdiction is reviewed de novo)
- Shafizadeh v. Shafizadeh, 444 S.W.3d 437 (Ky. Ct. App.) (definition of "substantial evidence" under UCCJEA context)
- Mauldin v. Bearden, 293 S.W.3d 392 (Ky.) (factors for determining inconvenient forum under UCCJEA)
- Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky.) (court must make factual findings to justify allocating federal tax exemption to non-residential parent)
- Giacalone v. Giacalone, 876 S.W.2d 616 (Ky. Ct. App.) (trial court discretion governs effective date/retroactivity of child support modifications)