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In Re Hailey C.

Syllabus

A father filed a petition in Tennessee to domesticate and modify a Kentucky child-custody decree. The court later entered an agreed order granting the petition, which was not appealed. Three months later, the mother filed a motion to set aside the final judgment on the grounds of fraud and lack of subject matter jurisdiction. The court denied her Rule 60.02 motion and her subsequent Rule 59.04 motion. Because the court did not rule on the mother's claims of fraud, we vacate the denial of the Rule 60.02 motion and remand for further proceedings.

Judges: Judge W. Neal McBrayer

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Cites

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