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McCARY v. MITCHELL

No. 2007-CA-000322-DG.

260 S.W.3d 362 (2008)

Les McCARY and Patricia McCary, Appellants v. William P. MITCHELL; Marla Sue Mitchell; B.E.M., A Minor; And Samuel Tyrone McCary, Appellees.

Court of Appeals of Kentucky.

August 1, 2008.

Attorney(s) appearing for the Case

Aubrey Williams, Louisville, Ky, for appellants.

Melinda Martin Ormsby, Mayfield, KY, for appellees.

Before COMBS, Chief Judge; ACREE and THOMPSON, Judges.

OPINION

THOMPSON, Judge.

This case originated from a petition filed by William Mitchell and Marla Sue Mitchell seeking to be appointed guardians and conservators of the estate of their maternal niece, B.E.M. At the time the petition was filed, the child resided with Les McCary and Patricia McCary, her paternal aunt and uncle, who filed a counter-petition requesting that they be appointed as guardians and conservators. After a hearing, the district...

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