TAMARA D. GARVIN APPELLANT
DONNA KRIEGER; TERRY GARVIN; ASHLEY GARVIN; AND KURT KNIFKE APPELLEES AND ASHLEY GARVIN APPELLANT
DONNA KRIEGER; TERRY GARVIN; TAMARA GARVIN; AND KURT KNIFKE APPELLEES
FROM JEFFERSON CIRCUIT COURT FAMILY COURT DIVISION THREE
HONORABLE DEBORAH DEWEESE, JUDGE ACTION NO. 14-CI-503666
FOR APPELLANT, TAMARA D. GARVIN: Ray H. Stoess, Jr.
FOR APPELLANT, ASHLEY GARVIN: Ashley Garvin, Pro Se
FOR APPELLEES, TERRY GARVIN AND DONNA KRIEGER: Jacqueline M.
Caldwell Louisville, Kentucky
BEFORE: JONES, D. LAMBERT, AND TAYLOR, JUDGES.
D. Garvin brings Appeal No. 2015-CA-001819-ME from Findings
of Fact, Conclusions of Law and Order of the Jefferson
Circuit Court, Family Court Division, (family court) entered
September 10, 2015, declaring Terry Garvin and Donna Krieger
de facto custodians of K.R.K. and awarding them sole
permanent custody of the minor child. Ashley Garvin brings
Appeal No. 2015-CA-001820-ME from the same order. We reverse
and remand Appeal No. 2015-CA-001819-ME and Appeal No.
Garvin is the adult daughter of Terry Garvin and Tamara D.
Garvin. Terry and Tamara are divorced. Ashley had two sons
with Joseph Miller; the first son was born in 2008, and the
second son was born in 2010. Joseph had custody of the two
boys, and Ashley exercised visitation/time-sharing. In March
of 2013, the Cabinet for Health and Family Services (Cabinet)
received a referral alleging that Ashley was abusing
substances while her two sons were in her care. Dependency,
abuse and neglect petitions (Action Nos. 13-J-502383-001 and
13-J-502384-001) were filed in the family court on May 9,
2013. It was alleged that Ashley's eldest son reported to
a Cabinet worker that Ashley and her boyfriend argued over
selling pills, there was very little food in the house, and
that he would have bug bites on him when he visited.
Ashley's visitation with her sons was subsequently
suspended by the family court. In an attempt to regain
visitation, Ashley was working with the Cabinet on a case
plan that included drug and alcohol screens.
August 29, 2013, Ashley gave birth to a third child, a
daughter, K.R.K. The putative father of K.R.K. was
Ashley's boyfriend, Kurt Knifke. On April 30, 2014, a
dependency, neglect and abuse petition (Action No.
14-J-502179-1) was filed in the Jefferson Family Court as to
K.R.K. In the petition, it was alleged that Ashley had a
positive alcohol screen, a positive drug screen, and was not
compliant with the Cabinet's previous case plan or the
family court orders emanating from the actions involving her
two sons. A temporary removal hearing was conducted. By order
entered May 8, 2014, temporary custody of K.R.K. was granted
to Terry Garvin, K.R.K.'s maternal grandfather, and Donna
Krieger, Terry's girlfriend. On June 19, 2014, Ashley
stipulated that K.R.K. was at risk of abuse or neglect, and
temporary custody was ordered to remain with Terry and Donna.
November 26, 2014, Tamara Garvin, the maternal grandmother of
K.R.K., filed an action (Action No. 14-CI-503666) in the
Jefferson Family Court seeking custody of K.R.K. or in the
alternative, grandparent visitation. Tamara named as
respondents Ashley Garvin (mother of K.R.K.), Kurt Knifke
(putative father of K.R.K.), Terry Wayne Garvin (maternal
grandfather of K.R.K.), and Donna Krieger (Terry's
girlfriend). Tamara alleged that Terry and Donna had
initially agreed to allow K.R.K. to visit with Tamara but
were no longer cooperating. Tamara explained that she
exercised grandparent visitation with Ashley's two sons
through an agreement with their father and wanted K.R.K. to
visit on the same weekends. As Terry and Donna did not have
contact with Ashley's two sons, Tamara wanted to ensure
that the three siblings could maintain contact by visiting at
December 17, 2014, Terry and Donna responded to Tamara's
petition and also filed a cross-petition seeking a
declaration that they were de facto custodians of
K.R.K. Ashley also responded to Tamara's petition. In her
response, Ashley stated that until she could regain custody
of K.R.K. she believed it was in K.R.K.'s best interest
that temporary custody be granted to Tamara.
23, 2015, the family court conducted a trial on the pending
issues relating to the custody of K.R.K. as well as
Tamara's petition for grandparent visitation. Several
witnesses testified at trial, in addition to the parties.
Findings of Fact, Conclusions of Law, and Order entered
September 10, 2015, Terry and Donna were adjudged de
facto custodians of K.R.K. and were awarded sole
permanent custody. Tamara was awarded grandparent visitation
with K.R.K. pursuant to Kentucky Revised Statutes (KRS)
405.021. The order was amended by the family court on October
27, 2015.These appeals follow. Tamara brings Appeal
No. 2015-CA-001819-ME and Ashley brings Appeal No.