Julie Tucker v. Wesley Tucker

CourtCourt of Appeals of Kentucky
DecidedApril 18, 2024
Docket2023 CA 000372
StatusUnknown

This text of Julie Tucker v. Wesley Tucker (Julie Tucker v. Wesley Tucker) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Julie Tucker v. Wesley Tucker, (Ky. Ct. App. 2024).

Opinion

RENDERED: APRIL 19, 2024; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals NO. 2023-CA-0372-MR

JULIE TUCKER APPELLANT

APPEAL FROM BOYD CIRCUIT COURT v. HONORABLE GEORGE W. DAVIS, III, JUDGE ACTION NO. 21-CI-00528

WESLEY TUCKER APPELLEE

OPINION AFFIRMING

** ** ** ** **

BEFORE: CALDWELL, CETRULO, AND JONES, JUDGES.

CALDWELL, JUDGE: Julie Tucker appeals from the Boyd Circuit Court’s orders

resolving timesharing and debt allocation in a divorce action. We affirm.

FACTS

In late 2021, Appellee Wesley Tucker (“Wes”) filed a petition for

divorce from Appellant Julie Tucker (“Julie”). The parties have two children, born

in 2016 and 2017. Initially the parties had temporary joint legal custody with both parties having some parenting time with the children. Due to Wes working out of

town during the weekdays, his parenting time generally occurred on weekends.

In the fall of 2022, the Boyd Circuit Court entered a decree dissolving

the parties’ marriage. However, the trial court reserved for later adjudication

issues including child custody, timesharing or visitation, child support, and

property division. See generally Putnam v. Fanning, 495 S.W.2d 175 (Ky. 1973).

Shortly after entry of the Putnam v. Fanning-type divorce decree, in

October 2022, the parties appeared before a Domestic Relations Commissioner

(“DRC”) for an evidentiary hearing. They presented evidence relating to custody,

timesharing, and property issues.

Each party testified about their current living arrangements and

employment. Wes testified he was laid off at that time following a health-related

absence. He also testified he generally worked out of town on weekdays. He

admitted he was currently living in a camper in his brother’s yard. He testified that

during his parenting time on weekends, he and the children sometimes stayed in

the camper and sometimes stayed at his parents’ house.

Julie testified to her concerns about Wes having an equal say in

decision-making and equal parenting time. She believed Wes was not well-

informed when making medical and other decisions due to failure to research

issues. She also believed Wes did not supervise the children sufficiently during his

-2- parenting time and stated the children sometimes had scratches or bruises after

spending time with Wes.

The parties also testified about financial matters. They had recently

sold the marital residence and agreed to split the proceeds – albeit with some

disputes about details. Both parties testified to Wes having recently bought a

refrigerator, despite the fact there were two other refrigerators on the premises.

And both parties testified that Wes consulted Julie about possibly buying a new

refrigerator after the refrigerator in the kitchen stopped working and she told him

to do what he wanted to do.

About four months after the evidentiary hearing, the DRC filed her

report and recommendations. She recommended the parties have joint legal

custody and equal timesharing to the extent practicable. While Wes continued to

live in the camper and work out of town, she recommended he continue to have

weekend visitation. If he obtained other housing and started working in town, she

recommended the parties have equal timesharing on a weekly basis – meaning they

take turns having parenting time for a week at a time. As for the refrigerator debt,

the DRC recommended that this be allocated equally between the parties. The

DRC stated child support would be determined later under statutory guidelines.

Both parties filed exceptions to the DRC’s report and

recommendations. Julie asserted that Wes had made a unilateral decision to buy

-3- the new refrigerator despite the two other refrigerators in the house and that he

controlled all marital funds. She also contended that equal or nearly equal

timesharing was not in the children’s best interests since Wes had not previously

had the children for more than a weekend at a time and he did not, in her view,

have suitable housing.

Julie asserted in her exceptions that there was a pending investigation

into allegations that one of the children had been sexually assaulted by Wes’s

neighbor while the children were in Wes’s care. She also claimed that Wes

allowed the children around this neighbor after the alleged assault despite being

informed of the incident. She argued Wes’s timesharing should be restricted due

to his failure to properly supervise the children while in his care. However, no

affidavit or documentation about the investigation or sexual abuse allegations was

attached to her exceptions.

The trial court entered an order confirming the DRC’s report and

adopting the DRC’s recommendations. It also entered an order overruling the

parties’ exceptions.

Julie filed a timely appeal from the trial court’s orders regarding the

DRC’s report and recommendations.1 The same day that she filed her notice of

1 Julie’s notice of appeal also stated that she appealed from the DRC’s report and recommendations. But a DRC’s report and recommendations have no legal effect unless formally confirmed or adopted by the trial court. See Pennington v. Marcum, 266 S.W.3d 759,

-4- appeal, she also filed a motion for emergency relief regarding sexual abuse

allegations. She requested the trial court grant her temporary emergency custody

of the children and restrict Wes’s time with the children to supervised visitation

once a week. She also requested that the record be sealed regarding the sexual

abuse allegations.

The trial court later entered an agreed order between the parties in

which both promised to offer in-sight supervision of the children when in their

care. However, there is no order resolving Julie’s motion for emergency relief in

the record on appeal.

Julie argues in her appellant brief that the trial court’s custody and

timesharing decision must be reversed due to Wes’s unsuitable living arrangements

and his neglecting the children in her view. She also asserts this Court must

reverse the allocation of the refrigerator debt to her due to Wes unilaterally

purchasing the refrigerator despite having other refrigerators in the home. (The

adopted report called for allocating the refrigerator debt equally between the

parties.) Lastly, Julie argues in her brief that this Court should adopt a bright-line

rule that a parent’s time with children must be restricted and supervised whenever

771 (Ky. 2008) (“The trial commissioner acts only to further judicial economy by assisting the trial court; the commissioner’s report is a recommendation and is not binding. It is the trial court itself that makes findings of fact, either by adopting those recommended by the commissioner or by acting anew.”).

-5- a parent is being investigated for “uncontroverted allegations of neglect and/or

exposure to the risk of harm relating to children being sexually assaulted” until the

investigation is complete.

ANALYSIS

Before we address the custody and timesharing arguments, we address

Julie’s arguments about the refrigerator debt.

No Reversible Error in Allocation of Refrigerator Debt

We review the trial court’s allocation of the refrigerator debt equally

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Related

Pennington v. Marcum
266 S.W.3d 759 (Kentucky Supreme Court, 2008)
Putnam v. Fanning
495 S.W.2d 175 (Court of Appeals of Kentucky (pre-1976), 1973)
Philpot v. Patton
837 S.W.2d 491 (Kentucky Supreme Court, 1992)
Rice v. Rice
336 S.W.3d 66 (Kentucky Supreme Court, 2011)
MV Transportation, Inc. v. Allgeier
433 S.W.3d 324 (Kentucky Supreme Court, 2014)
Smith v. Smith
450 S.W.3d 729 (Court of Appeals of Kentucky, 2014)
Jones v. Livesay
551 S.W.3d 47 (Court of Appeals of Kentucky, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
Julie Tucker v. Wesley Tucker, Counsel Stack Legal Research, https://law.counselstack.com/opinion/julie-tucker-v-wesley-tucker-kyctapp-2024.