Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Murry v. Murry

Court of Appeals of Kentucky

January 3, 2014

James MURRY and June Murry, Appellants
v.
Sharon MURRY (now Pudlo) and Dante Murry, Appellees.

Page 433

Allen McKee Dodd, Richard I. Williams, Jr., Louisville, KY, for appellants.

Bonita K. Baker, Louisville, KY, for appellees.

Before COMBS, NICKELL, and STUMBO, Judges.

OPINION

COMBS, Judge:

James and June Murry (the Murrys), grandparents of three minor children, [1] appeal the December 18, 2012, order of the Jefferson Family Court that: denied their motion for contempt against the children's mother; denied the mother's motion to set aside the agreed order concerning the Murrys' visitation with the children; and denied each party's motion for fees and costs. After our review, we affirm in part and remand in part.

This action was initiated on August 11, 2011, when the Murrys filed a petition for grandparents' visitation rights against their son, Dante Murry (the children's father), and the children's mother, Sharon

Page 434

Pudlo (Dante's former wife), pursuant to the provisions of Kentucky Revised Statute[s] (KRS) 405.021. Dante answered the petition, requesting the court to grant the Murrys visitation rights separate and apart from his parenting time. In her answer, Sharon did not oppose the Murrys' request for visitation with the children. On August 25, 2011, the court ordered the parties to participate in mediation.

On September 16, 2011, an agreed order was entered in court. The order provided that the children would be permitted overnight visitation with the Murrys 45 times per year. These visits were to be scheduled by Sharon and by the Murrys.

As tension concerning the children's well-being developed over time, animosity between Sharon and the Murrys escalated. On one occasion, police intervention became necessary. On September 24, 2012, Sharon filed a motion to set aside the agreed order that permitted visitation with the Murrys. She also requested that the Murrys not be permitted to supervise the children's visitation with their father, Dante, who exercised visitation with the children on alternating weekends during the school year and on alternating weeks during summer break. [2] The Murrys filed a motion for contempt against Sharon the following day. They alleged that Sharon had failed to abide by the court's order awarding them visitation. A period of discovery began, and each party moved for attorney's fees and costs.

The court conducted an evidentiary hearing on November 14, 2012. It heard evidence pertaining to the difficulties between Sharon and the Murrys. It also received the report of Sally Brenzel, a licensed clinical psychologist; the report was dated October 4, 2012. Brenzel had prepared the report as well as a recommendation for a time-sharing schedule for the children pursuant to the court's request.

Although the court was not inclined to set aside the award of grandparent visitation, it did observe that the visits between the Murrys and the children were a source of continuing discord. After considering the testimony, the court concluded that the provisions for visitation originally established by the agreed order were not working. The court concluded that the interests of the children would be better served through implementation of a fixed visitation schedule. The court ordered that the Murrys could exercise visitation with the children on alternating weekends throughout the year. These visits were to overlap Dante's time-sharing arrangement. By order entered on December 12, 2012, the court denied the motion to set aside the award of grandparent visitation; denied the motion for contempt; and denied the cross-motions for fees and costs. It additionally denied the Murrys' request for more specific findings of fact. Their motion to alter, amend, or vacate was also denied. This appeal followed.

On appeal, the Murrys contend that the court erred by modifying the terms of the original visitation order and that it abused its discretion both by refusing to cite Sharon for contempt and by refusing to award their attorney's fees. We address ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.