Jacobs v. Edelstein

In Jacobs v. Edelstein, Ky. App., 959 S.W.2d 781, 784 (1998), the Court clarified Mennemeyer v. Mennemeyer, Ky. App., 887 S.W.2d 555 (1994) and held that Mennemeyer should not be interpreted to mean that the threshold requirement must be met before a trial court may address issues other than disputed modification of custody or primary physical possession. Jacobs, 959 S.W.2d at 784. In other words, the Court held that it was not necessary to meet the threshold requirement to resolve issues such as disagreements concerning a child's educational or religious upbringing. Id. The Court further clarified Mennemeyer by noting that once the threshold requirement was met, a court was not compelled to award sole custody to one parent or the other but could continue the award of joint custody. 959 S.W.2d at 785.