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Maxwell v. Maxwell

382 S.W.3d 892 (2012)

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Maxwell v. Maxwell

Kentucky Court of Appeals
382 S.W.3d 892 (2012)

RW

Facts

Robert Maxwell (plaintiff) and his ex-wife, Angela Maxwell (defendant), shared custody of their three children, ages five, 11, and 13. The shared-custody arrangement was sometimes difficult for Angela to manage, and she had some personal issues, but those issues did not affect the children, who liked their mother and wanted the shared-custody arrangement to continue. What apparently motivated Robert to petition a family court for sole custody of the children was Angela’s live-in relationship with another woman. This relationship also troubled the family court, which expressed a concern that, even if same-sex relationships did not constitute sexual misconduct, the Maxwell children might face discrimination on account of society’s widespread disapproval of same-sex couples. The family court granted Robert’s petition and ordered Angela not to cohabit with her partner during her visitations with the children. Angela appealed to the Kentucky Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Clayton, J.)

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Casebooks

Children and Juveniles

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