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ALLEN v. DEVINE

No. 2003-CA-002141-ME.

178 S.W.3d 517 (2005)

Ed ALLEN and Wife, Judy Allen, Appellants, v. Danny DEVINE and Wife, Lisa Devine; Krystal Van Cleave; Jason Van Cleave; Kevin Hightower; Burt Wilkinson; Jackie Sanders; and Austin Van Cleave and Shayann Hightower, The Children, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied April 8, 2005.

Discretionary Review Denied by Supreme Court December 14, 2005.

Attorney(s) appearing for the Case

Kenneth R. Williams, Jr., Russellville, KY, for appellant.

Pamela C. Bratcher, Bowling Green, KY, for appellee.

Before COMBS, Chief Judge, JOHNSON and MINTON, Judges.

OPINION

JOHNSON, Judge.

Ed Allen and his wife, Judy Allen, have appealed from the September 8, 2003, order of the Logan Circuit Court which denied their motion to dismiss the petition for immediate custody filed by Danny Devine and his wife, Lisa Devine, for lack of standing and denied their claims to custody.2 The Allens alleged that they had been acting as de facto custodians of Austin Van Cleave and Shayann Hightower...

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