Tom Padgett's Divorce and Child Support Cases
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Venue in Hopkins County

After his wife filed for divorce in Hopkins County, Tom Padgett filed in Fayette County (Lexington) -- even though neither he nor his wife and children were living there. He tried to get the venue for the divorce changed to Fayette County, but Judges in both Hopkins County and in Fayette county agreed the appropriate venue was in Hopkins County.

Here is the Hopkins Judge's order establishing venue in Hopkins County. The Lexington Judge's order is here.

The images of this order are here.

Not only did the Fayette County Judge agree that the venue was in Hopkins County, so did the Kentucky Court of Appeals.

Filing for divorce in another county after his wife had already filed is just the first step in the harassive and dilatory litagation that Tom Padgett

 


                  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   

 


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