07/10/2026
A grandmother, a grandfather, and an aunt were found to have abused a five month old child. Not because anyone could say what they did. Not because anyone could say when it happened. Just because they had, at some point, been in the house.
The Cabinet's own investigator admitted she could not identify who caused the child's injuries. The family court judge said on the record, "I don't know who did it. I'm not going to lay the blame at any person's foot." He adjudicated all three relatives anyway.
We appealed. This week, the Kentucky Court of Appeals reversed, and published its opinion, which means this ruling is now binding on every family court in Kentucky. Access to a household is not evidence of abuse. Occasional babysitting does not make a grandmother a custodian under the law.
This is a win for our clients, and it is a win for every extended family who could otherwise be swept into a case on nothing more than proximity.
Read the full breakdown, with links to every case and statute cited in the opinion, at the link below.
https://judgegotitwrong.com/guilt-by-address-kentucky-court-of-appeals-reverses-dna-findings-against-grandparents-and-aunt/
Attorney advertising. This post does not create an attorney client relationship, and past results do not guarantee a similar outcome in your case.