Paul Mitchell York and Renada Sue York v. Shawn D. Hamlet and Kathryn G. Mecke

Summary

The Kentucky Court of Appeals affirmed the dismissal of the Yorks' petition seeking de facto custodian status and custody of their grandchild. The court held that a successor special judge could revisit a prior interlocutory ruling on de facto custodian status before entry of final judgment. It also held that substantial evidence supported the finding that the grandparents had not established the statutory requirements because the father continued to exercise parental and custodial responsibilities.

Holdings

1. The successor special judge had authority to revisit the prior order because it was an interlocutory order that did not adjudicate all rights of all parties, lacked CR 54.02 finality language, and remained subject to revision before entry of final judgment.
2. The grandparents failed to establish by clear and convincing evidence that they were the child's primary caregivers and financial supporters because the father continued to exercise parental responsibilities and participate in the child's care and support.

Questions Presented

1. Whether a successor special judge may reconsider a prior special judge's interlocutory order finding that the grandparents qualified as de facto custodians before entry of a final judgment.
2. Whether substantial evidence supported the family court's determination that the grandparents failed to establish that they were the child's primary caregivers and financial supporters under KRS 403.270.

Disposition

affirmed