When representing parties in custody cases, it is often difficult for parties to qualify as "defacto custodians" based upon the requirements set forth in KRS 403.270(1)(a). For a person to qualify, it has to be shown by clear and convincing evidence the person has been the primary caregiver for, and financial supporter of, a child who has resided with the person for a period of six (6) months or more if the child is under three (3) years of age and for a period of one (1) year or more if the child is three (3) years of age or older . . . .
Please do not forget to look at KRS 403.822(1)(b) which allows a person acting as a parent to initiate a custody action depending on whether the other requirements of the statute can be meet.
Under the theory you are never too old to continue to learn, I recently had a call from a friend who was having an issue with a health spa membership and his rights to cancel same. After doing some research, I learned the issue was dealt with in the Consumer Protection Act (KRS 367) specifically KRS 367.900 which deals with Health Spas.
KRS 367.913 addresses a Member's cancellation rights and states . . ." no holder of a consumer credit contract, as that term is defined In KRS 367.600, shall fail to honor a member's cancellations rights and provide a refund within the time period required by KRS 367.910.
I jokingly said to my friend, so much for the New Year's Resolution!!
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