Kentucky Court of Appeals Reverses Family Court for Custody Modification Without Due Process
In White v. Cole (Ky. Ct. App. Aug. 29, 2025), the Kentucky Court of Appeals reversed a Jefferson Family Court order that stripped a father of joint custody and granted sole custody to the mother—despite the fact that she never requested it. The appellate court held this was a clear violation of due process and a misapplication of Kentucky’s custody statutes. The opinion also warned family courts to follow the law when relying on Friends of the Court (FOC), requiring timely reports and adherence to witness rules. While the Court affirmed contempt sanctions against the father for violating visitation orders, it reinstated joint custody, sending a strong reminder that Kentucky law presumes joint custody and that courts must respect due process every step of the way.
