Opinion
NO. 2016-CA-001207-ME
05-26-2017
JOHN WEDDLE AND TONNETTE WEDDLE APPELLANTS v. SONYA HANDLEY APPELLEE
BRIEF FOR APPELLANTS: Mark E. Edison Lexington, Kentucky BRIEF FOR APPELLEE: Caleb T. Bland Elizabethtown, Kentucky
NOT TO BE PUBLISHED APPEAL FROM BULLITT CIRCUIT COURT
HONORABLE ELISE GIVHAN SPAINHOUR, JUDGE
ACTION NO. 15-CI-00474 OPINION
DISMISSING
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BEFORE: COMBS, D. LAMBERT AND THOMPSON, JUDGES. LAMBERT, D., JUDGE: Sonya Handley petitioned for grandparent visitation. She is the paternal grandmother of C.W., her minor grandchild. After a hearing, the Bullitt Family Court determined visitation with Handley served C.W.'s best interest and granted the petition. The maternal grandparents, who opposed Handley's petition for grandparent visitation at the hearing, brought this appeal. After review, the maternal grandparents did not name either of C.W.'s biological parents in the appeal. Because of this failure to name indispensable parties, we must dismiss the appeal.
I. DISCUSSION
On appeal, the Weddles argued that the family court erred by failing to recognize them as C.W.'s de facto custodians under KRS 403.270(1). According to the Weddles, family courts must confer de facto custodians the same standing as legal parents when deciding grandparent visitation cases. The Weddles also argued that Handley failed to show by clear and convincing evidence how continued visitations served C.W.'s best interests. In response, Handley filed a motion to dismiss the appeal because the Weddles failed to name either of C.W.'s biological parents as parties to the appeal. The Weddles noted that both parents were parties in the underlying action and that both parents had interests in the appeal. For the following reasons, we agree with Handley.
Kentucky Revised Statutes.
CR 73.03 requires the notice of appeal to specify all parties "that are truly necessary to the appeal." Nelson County Bd. of Educ. v. Forte, 337 S.W.3d 617, 625 (Ky. 2011). The "[f]ailure to specify any party whose absence prevents the appellate court from granting complete relief among those already parties" is fatal to the appeal. Braden v. Republic-Vanguard Life Ins. Co., 657 S.W.2d 241, 243 (Ky. 1983).
Kentucky Rules of Civil Procedure. --------
Here, despite the Weddles' assertion that they should have been treated as legal parents during the family court's grandparent visitation analysis, C.W.'s natural parents were indispensable parties to the appeal. C.W.'s mother was a joint custodian, C.W.'s father enjoyed limited visitation rights, and their parental rights were never terminated. Indeed, their parental rights would have remained even if the Weddles had appropriately established under KRS 403.270 that they were de facto custodians. As natural parents enjoy fundamental rights under our state and federal constitutions when it comes to matters of grandparent visitation, see Troxel v. Granville, 530 U.S. 57, 69, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000), the absence of C.W.'s parents prevents this Court from granting complete relief among those already parties to the appeal. Accordingly, the appeal is dismissed.
COMBS, JUDGE, CONCURS.
THOMPSON, JUDGE, CONCURS IN RESULT ONLY. BRIEF FOR APPELLANTS: Mark E. Edison
Lexington, Kentucky BRIEF FOR APPELLEE: Caleb T. Bland
Elizabethtown, Kentucky