May v. Harrison

At issue in this visitation dispute was whether the trial judge’s questioning of a teenage boy exceeded the bounds of Ky. Rev. Stat. 403.290(1).Father had physical custody of the parties’ two sons when Mother pursued timesharing. Father moved to suspend Mother’s visitation/timesharing rights based upon the boys’ sexual abuse allegations. The trial court suspended Mother’s visitation rights to her two sons after conducting an in camera interview in chambers with one of the boys. The court of appeals affirmed, holding that the judge’s questioning exceeded the bounds of section 403.290(1) but that the error was harmless. The Supreme Court affirmed, holding that the trial court’s in camera questioning did not exceed the bounds of section 403.290(1) because it is appropriate for the court to make detailed inquiries especially when allegations of sexual abuse are at issue and that Mother received the process she was due. View "May v. Harrison" on Justia Law