Scott v. Scott

12 Citing cases

  1. Galloway v. Pruitt

    469 S.W.2d 556 (Ky. Ct. App. 1971)   Cited 29 times

    The Galloways sought to have a full hearing in the Hopkins Circuit Court on their right to custody of their child, with evidence to be presented touching upon the critical question of the best interest of the infant. The trial judge deemed that the only issue before him was the question of the immediate possession of the child, based upon legal entitlement, without reference to a general consideration of the best interests of the child, except within the narrow limits mentioned in Scott v. Scott, Ky., 445 S.W.2d 871, relating to the possibility of imminent danger of harm to the child by remaining in the possession of its legal custodians. The Galloways undertook to place evidence in the record by way of avowal, but the trial judge refused to permit that procedure.

  2. Young v. Minton.

    344 F. Supp. 423 (W.D. Ky. 1972)   Cited 4 times

    The appellants sought a full hearing in the Hopkins Circuit Court on their right to custody. A trial judge refused to admit testimony as to the best interest of the child except within the narrow limits set out in Scott v. Scott, Ky., 445 S.W.2d 871 (1969), relating to the possibility of imminent danger of harm to the child. On pages 558 and 559 the Court, in Galloway, takes the view that it is inappropriate and unreal that proceedings to determine the right of immediate possession of a child, however denominated, be consigned to the narrow confines of traditional habeas corpus.

  3. Bramblet v. Cox

    461 S.W.2d 349 (Ky. Ct. App. 1970)   Cited 4 times

    Donnie has appealed from that judgment. Donnie's principal contention is that the proceeding was one of habeas corpus; that under Scott v. Scott, Ky., 445 S.W.2d 871, the proceeding should have been confined to the sole issue of the right to immediate possession of the child; and that the trial court erred in making any determination other than whether "the appellant was 'unfitted to the trust' for any reason." Taking this argument at face value, it falls of its own weight, because the trial court found specifically the fact of "unsuitability of the father to the trust on a temporary basis."

  4. Kassulke v. Briscoe-Wade

    105 S.W.3d 403 (Ky. 2003)   Cited 8 times
    Stating that "the only way that the Missouri trial court's order for a concurrent sentence could have been given its intended effect was if Missouri tendered, and Kentucky accepted, custody of Appellee. Kentucky and Missouri are separate sovereigns, and Kentucky is not required to extend any full faith and credit to Missouri's decision to run its sentence concurrently"

    In any event, we conclude that Appellee failed to demonstrate that she had completed service of her Missouri sentence. Scott v. Scott, 445 S.W.2d 871, 872-3 (1969). The cases Appellant cites in support of its argument, Crady v. Cranfill, Ky., 371 S.W.2d 640 (1963) and Brewster v. Luby, Ky., 380 S.W.2d 261 (1964), do, however, suggest a "hands-off" approach as to the validity of detainers when those issues are intertwined with questions of state policy — i.e., whether a "forfeiture of sentence rule" should apply to unauthorized custody transfers of an inmate.

  5. In re Jonathan M

    255 Conn. 208 (Conn. 2001)   Cited 211 times
    Holding a habeas petition may not be used to collaterally attack a termination judgment

    After a review of the pertinent factors, we conclude that due process does not require habeas relief as a means of lodging a collateral attack on the termination judgment. See, e.g., Scott v. Scott, 445 S.W.2d 871, 872 (Ky. 1969) ("habeas corpus procedure, in situations involving disputes over possession or custody of children, ordinarily should be invoked only to determine who has the right to immediate possession, and the proceedings should be confined to that issue"). "The termination of parental rights is defined as the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and his [or her] parent . . . [and as such, it] is a most serious and sensitive judicial action."

  6. Baker v. Kuffner

    No. 2020-CA-1247-MR (Ky. Ct. App. May. 13, 2022)

    The best interests of the children were also considered in Scott v. Scott, 445 S.W.2d 871 (Ky. 1969), an immediate possession case that did not involve Cabinet removal. In Scott, the Court agreed with the family court that the grandparents acted improperly be seizing the children of their deceased son away from their mother simply because the children's mother proposed to move away.

  7. Baker v. Kuffner

    No. 2020-CA-1247-MR (Ky. Ct. App. Mar. 25, 2022)

    It would behoove all the adults involved in child's life to make every effort to get along and to avoid antagonizing each other, however we can understand feelings running "hot" given all that has transpired. The best interests of the children were also considered in Scott v. Scott, 445 S.W.2d 871 (Ky. 1969), an immediate possession case that did not involve Cabinet removal. In Scott, the Court agreed with the family court that the grandparents acted improperly be seizing the children of their deceased son away from their mother simply because the children's mother proposed to move away.

  8. Moore v. Dawson

    531 S.W.2d 259 (Ky. Ct. App. 1975)   Cited 6 times
    In Moore v. Dawson, Ky., 531 S.W.2d 259 (1975), it was held that a trial judge could properly deny a petition for habeas corpus where it was being used as a vehicle to regain custody of children not illegally detained or imprisoned.

    The respondent may desire to obtain an order changing the custody upon the ground that the long-term best interest of the child requires the change but habeas corpus inquires only as to the immediate entitlement. Scott v. Scott, Ky., 445 S.W.2d 871 (1969). Not only are the issues severely limited in habeas corpus but the action must proceed in the county in which the child is detained and the procedure for appeal is different from the procedure in ordinary cases.

  9. Little v. Commonwealth

    495 S.W.2d 498 (Ky. Ct. App. 1973)

    Cf. Lathey v. Lathey, Ky., 305 S.W.2d 920 (1957). As to the additional claims, we consider the rule stated in Scott v. Scott, Ky., 445 S.W.2d 871 (1969), as qualified in Galloway v. Pruitt, Ky., 469 S.W.2d 556 (1971), controlling. In Scott we said:

  10. Hinton v. Byerly

    483 S.W.2d 138 (Ky. Ct. App. 1972)   Cited 5 times

    469 S.W.2d at 558. The Hintons contend that this case should be decided on the narrower and more technical principles enunciated in Scott v. Scott, Ky., 445 S.W.2d 871 (1969). Actually, however, what Galloway v. Pruitt stands for is that regardless of how it begins, no child custody case should be tried in a straitjacket.