COMMONWEALTH OF KENTUCKY
HOPKINS CIRCUIT COURT
MADISONVILLE, KENTUCKY 42431
CIVIL ACTION NO. 92-CI-00444
IN RE: THE MARRIAGE OF LAURA VANNOY PADGETT, PETITIONER,
AND THOMAS CARTER PADGETT, RESPONDENT.
AND
IN RE: THE CUSTODY AND SUPPORT OF JULIE ELIZABETH PADGETT,
AND BEAU GRANVILLE PADGETT, MINOR CHILDREN.
ORDER
This matter being presently before this Court pursuant
to the motion of the Petitioner, Laura Vannoy Padgett, that this
Court order that it is the proper venue in which this action may
be prosecuted and pursuant to the motion filed on behalf of the
Respondent, Thomas Carter Padgett, that this Court dismiss this
action for improper venue, and the Court having conducted an
evidentiary hearing on September.:;.1, 1992, for the purpose of
taking evidence pertaining to the aforesaid motions, which
hearing was scheduled at the convenience of the parties and their
attorneys and at which the parties appeared, with the Petitioner
being represented by attorney Michael D. Hallyburton and the
Respondent being represented by attorney Lola Philpot Lewis, and
at which each party testified and offered their evidence for the
Court's consideration, and the Court being duly and sufficiently
advised, does find, conclude and order as follows:
FINDING OF FACTS
1. The parties stipulated that Laura Vannoy Padgett
filed this Hopkins Circuit Court action and had process issued
Page 1 of 3 Pages
herein on July 29, 1992, and that Thomas Carter Padgett filed his
Fayette Circuit Court Civil Action No. 92-CI-2852 and had process
therein on August 13, 1992;
2. Laura Padgett has moved her belongings and the
longings of the parties' children to Hopkins County, has
applied for employment and is presently employed with the Hopkins
County School system and is a resident of Hopkins County, Ken-
tucky;
3. As of July 27, 1992, the date Laura Padgett signed
her Petition for Dissolution of Marriage which was filed in the
Hopkins Circuit Court, she usually resided in Hopkins County and
so satisfied the requirements of K.R.S. 452.470;
4. Since the filing of the parties' petitions in
Hopkins County and Fayette County the parties' have concluded the
sale of their house and lot in Fayette County;
5. The parties' minor children are presently enrolled
in the Hopkins County Schools;
6. The Respondent, Thomas Carter Padgett, [overstrike]
has worked in Southfield, Michigan, since
August, 1991;
7. The majority of the significant contacts for this
dissolution of marriage proceeding to be heard lie in Hopkins
County and it is more convenient for this dissolution of marriage
action to proceed in the Hopkins Circuit Court rather than the
Fayette Circuit Court.
Page 2 of 3 Pages
CONCLUSIONS OF LAW
1. By the filing of their Petition for Dissolution of
Marriage, Laura Vannoy Padgett and Thomas Carter Padgett have
each submitted to the jurisdiction of the Circuit Courts of
Kentucky;
2. The Hopkins Circuit Court is the proper venue/forum
for the parties dissolution of marriage action to be heard;
2. The Petitioner, Laura Vannoy Padgett, has complied
with the requirements of K.R.S. 452.470;
3. Applying the doctrine of forum non conveniens the
Hopkins Circuit Court is the proper forum for this action to be
litigated.
ORDER
WHEREFORE, IT IS HEREBY ORDERED that the Petitioner's
motion that this Court order that it is the proper venue to hear
this action be and is sustained and that the Respondent's motion
to dismiss this action be and is overruled.
IT IS FURTHER ORDERED that the Petitioner's attorney
forward a copy of this order to the Fayette Circuit Court for
same to be lodged of record in Fayette Circuit Court Civil Action
No. 92-CI-2852.
All other orders entered herein shall remain in force.
This is not a final and appealable order.
This the 25 day of September, 1992.
[signature]
Charles W. Boteler, Jr., Judge
Hopkins Circuit Court
Page 3 of 3 Pages
|