RENDERED: JANUARY 12, 2024; 10:00 A.M.

NOT TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2022-CA-0572-MR

SARAH J. ALBRO AND DAVID A. 

SOMMER APPELLANTS 

v. 

APPEAL FROM JEFFERSON CIRCUIT COURT

HONORABLE ANGELA J. JOHNSON, JUDGE

ACTION NO. 10-CI-502003

GARY SOMMER AND REBECCA 

SOMMER APPELLEES 

AND

NO. 2022-CA-0574-MR

SARAH J. ALBRO AND DAVID A. 

SOMMER APPELLANTS 

v. 

APPEAL FROM JEFFERSON CIRCUIT COURT

HONORABLE ANGELA J. JOHNSON, JUDGE

ACTION NO. 10-CI-502003

GARY SOMMER AND REBECCA 

SOMMER APPELLEES 

AND
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NO. 2023-CA-0397-MR

SARAH J. ALBRO AND DAVID A. 

SOMMER APPELLANTS 

v. 

APPEAL FROM JEFFERSON FAMILY COURT

HONORABLE ANGELA J. JOHNSON, JUDGE

ACTION NO. 10-CI-502003

GARY SOMMER AND REBECCA 

SOMMER APPELLEES 

OPINION

REVERSING AND REMANDING

**   **  **

BEFORE: GOODWINE, KAREM, AND LAMBERT, JUDGES.

GOODWINE, JUDGE: In pursuing reinstatement of grandparent visitation with 

the minor child, paternal grandparents, Gary Sommer and Rebecca Sommer 

(“grandparents”), filed three separate motions requesting the court to direct the 

minor child to participate in specific therapeutic services with therapists of 

grandparents’ choosing at grandparents’ expense. The family court granted all 

three motions. Parents, Sarah J. Albro and David A. Sommer (“Parents”) 

appealed. After careful review, we reverse and remand. 
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The minor child was born to parents on February 14, 2009.1 On June 

2, 2010, grandparents petitioned for grandparent visitation with the minor child

alleging they regularly cared for the child up to five nights per week and provided 

for him financially and emotionally. The parents filed a response to the petition 

and counterclaim denying it was in the child’s best interest to have an ongoing 

specific grandparent visitation schedule. The parents claimed grandparents had 

liberal visitation with the child until they became overly possessive and refused to 

return the child to his parents. The parents stated they were willing to continue 

with visitation one night per week if the grandparents agreed to return their child 

when they came to pick him up and stop using Child Protective Services as a threat 

against parents. 

The parents then moved to dismiss the action arguing grandparents 

had no basis for visitation under KRS2 405.021. Grandparents requested more time 

to respond to the motion and moved for mediation. The family court ordered the 

parties to attend mediation and set a hearing for the parents’ motion to dismiss. 

Grandparents responded to the motion to dismiss.

1 The parents were not married, but cohabitated. David acknowledged paternity and his name is 

on the child’s birth certificate.

2 Kentucky Revised Statutes. 
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The parties attended mediation and reached an agreed temporary 

visitation schedule. On September 16, 2010, the family court entered the 

temporary agreed order into the record. The parties agreed grandparents would 

have visitation with the child every Wednesday at 7:00 p.m. through Thursday at 

7:00 p.m. and agreed to a holiday and birthday schedule. The order stated the 

“terms of this agreement shall remain in full force and effect until 3/1/11. The 

parties shall thereafter determine either by Agreement or Court order the extent 

and nature of [grandparents’] contact with [the minor child].” Record (“R.”) at 33. 

No final visitation order was ever entered, and no other events occurred until 2021.

The parties agreed to continue a visitation schedule, with some 

modifications over the years without the family court’s involvement until 2021. 

Around January 2020, the child began returning from grandparent visitation upset. 

Parents sought therapy for the child. In May 2021, the parents and the child’s 

therapist informed the grandparents that the child reported various events that 

made him angry with his grandparents and felt violated by them. Thus, 

grandparent visitation would be suspended. The child’s therapist asked the 

grandparents to give the child ample time to process the events.

Weeks later, on June 8, 2021, grandparents filed a motion to appoint a 

friend of the court (“FOC”). On June 14, 2021, the Mother responded pro se, 

arguing the child did not want to visit with his grandparents, and she argued the 
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grandparents should pay the full cost if the family court appointed an FOC to 

investigate the case. Counsel for the mother entered her appearance shortly after 

the mother filed her response. 

On July 30, 2021, the family court entered an order setting a hearing 

for October 18, 2021, on the grandparents’ motion to appoint an FOC. That same 

day the family court entered an order appointing an FOC.3

On August 9, 2021, the grandparents filed a motion to compel parents 

to execute all releases necessary to allow the child’s therapist to communicate with 

and share information with the grandparents’ therapist. The grandparents also 

moved the court to require the parents to engage their therapist. Alternatively, the 

grandparents moved the family court to allow the order appointing an FOC to stand 

and allow him to commence his investigation. On August 16, 2021, the parents 

filed their objection to the grandparents’ motion to compel. Parents disagreed with 

the grandparents’ representation of the facts. Grandparents replied. On August 26, 

2021, the family court entered an order compelling the parents to execute releases 

for the child’s therapist to communicate with the grandparents’ therapist and 

ordered the parents to engage a licensed marriage and family therapist to work with 

the grandparents in this matter. 

3 The family court signed the order on June 16, 2021. R. at 57.
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On November 17, 2021, the family court entered an agreed order 

appointing a new FOC in this matter. The previous FOC was no longer accepting 

appointments. On December 1, 2021, the family court entered another agreed 

order stating the parties agreed to split the FOC’s fees and costs. Grandparents 

agreed to pay seventy percent, and parents would pay thirty percent. The agreed 

order provided details of how the FOC was to investigate the case, prepare a 

report, be available for a hearing, and recommend required therapy for parents. 

On May 3, 2022, the grandparents filed a motion to require the child 

to continue therapy with the FOC’s recommended therapist. The child’s original 

therapist died. Based upon the FOC’s recommendation, the parties agreed the 

child would begin seeing Dr. Anne S. Hammon. However, Dr. Hammon stopped 

accepting insurance for family court cases, and parents were unable to pay out of 

pocket for her services. Grandparents were willing to pay for the child to continue 

therapy with Dr. Hammon. Alternatively, grandparents moved for an issuefocused assessment conducted by Dr. Kelli Marvin, Ph.D., and Dr. Kristen 

McCrary, Psy.D. 

Parents filed an objection. Parents were open to the FOC’s 

recommended therapist, but they communicated they needed a therapist who 

accepted their insurance due to their income. Dr. Hammon initially accepted their 

insurance, but after the child’s first visit, Dr. Hammon informed the FOC and 
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parents that she no longer accepted insurance on active court cases. Parents could 

not afford to pay for Dr. Hammon’s services and began searching for a new 

therapist. On May 2, 2022, the parents found a new therapist, Dustin Sevier, and 

the child attended his first session on May 6, 2022. Parents argued healthcare is a 

custody matter. Grandparents did not have custody of the child and had no 

authority to direct and control the child’s healthcare. Parents further argued they 

never agreed to see Dr. Hammon as a replacement. The family court did not order 

the parties to agree on a therapist for the child, and the FOC did not ask them to 

agree on a therapist. The parents agreed the therapeutic approach was best for the 

child, and he was currently seeing a new therapist. 

Additionally, the parents objected to an issue-focused assessment. 

Parents argued it was in the child’s best interest to continue with a therapist chosen 

by his parents. They argue there is an active FOC investigation, and the child 

should not be forced into another form of investigation or evaluation. 

On May 10, 2022, the family court entered an order requiring the 

parties to participate in an issue-focused assessment with the two doctors chosen 

by the grandparents at the grandparents’ expense. On May 11, 2022, the family 

court entered an order requiring the child to continue therapy with Dr. Hammon at 

the grandparents’ expense. Parents appealed in No. 2022-CA-0572-MR and No. 

2022-CA-0574-MR. 
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This Court consolidated the appeals and denied the grandparents’ 

motion to dismiss the appeals. This Court held, “The orders appealed from relate 

to medical decisions concerning the child and are reviewable.” COA September 

19, 2022 Order at 3. See CR4 54.01; N.B., 351 S.W.3d at 219 (“When, by the 

exercise of its continuing jurisdiction, the family court enters an order regarding a 

minor child’s care and custody, that order is an appealable order and this Court 

may review it.”); Warawa v. Warawa, 587 S.W.3d 631, 636 (Ky. App. 2019).

While the first two appeals were pending, on May 31, 2022, the 

grandparents moved to compel parents to follow the family court’s May 10 and 

May 11, 2022 orders while their appeal was pending. On September 14, 2022, the 

family court entered an order abating the enforcement of only the May 10, 2022 

order during the pendency of the appeal.

On October 12, 2022, the parents filed a motion for protective order. 

Parents asserted that although they agree that the child’s February 2014 and March 

2021 psychological evaluations should be provided to the FOC, they requested the 

evaluations be kept confidential from grandparents. Grandparents objected. 

Parents argued that as noncustodians, the grandparents had no right to access the 

child’s medical records. Grandparents objected arguing an FOC’s investigative 

file is statutorily to be made available to the parties. 

4 Kentucky Rules of Civil Procedure.
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On February 13, 2023, the grandparents filed a motion requesting 

access to the child’s March 2021 psychological evaluation. Grandparents argued 

the parties signed an agreed protective order tendered to the court on November 4, 

2022 entitling them to access the evaluation. 

Also on February 13, 2023, the grandparents filed a motion for the 

child to begin reunification therapy with the grandparents. Grandparents asserted 

the FOC recommended reunification therapy with the child’s treating therapist, 

Dustin Sevier, and they agreed with her recommendation. 

On February 16, 2023, parents filed an objection to the grandparents’ 

motion. Parents noted the FOC’s report stated Mr. Sevier’s concerns with the child 

immediately being reintroduced to grandparents. Additionally, Mr. Sevier 

contacted the parents’ counsel before the grandparents filed their motion stating the 

FOC’s report did not accurately reflect his recommendation, and he believed 

reunification therapy would be contrary to the child’s best interests. Parents also 

responded to grandparents accessing the child’s March 9, 2021 evaluation. The 

parents stated grandparents already had access to that evaluation, so it was unclear 

why they filed the motion. 

On March 3, 2023, parents moved the family court to alter, amend, or 

vacate its February 22, 2023 order regarding reunification therapy. Parents argued 

the court’s order contradicts the child’s therapist’s recommendation and the 
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modified recommendation based on the child’s therapy sessions. Parents further 

assert immediate reintroduction of grandparents to the child will cause behavioral 

issues and more trauma to the child. 

On March 6, 2023, grandparents moved to appoint a different 

reunification therapist of their choosing. Grandparents assert because Mr. Sevier 

does not agree to be the unification therapist, they request the appointment of Dr. 

Christie Kincaid at their expense. Parents objected arguing Mr. Sevier 

recommended trauma-focused cognitive behavioral therapy for the child and 

psychological evaluations of grandparents and parents, which was included in his 

original recommendation but omitted from the FOC’s report. Mr. Sevier also 

recommended reunification therapy with whoever performs the psychological 

evaluations of the parties. The parents did not agree the child was ready for 

reunification therapy, but Mr. Sevier recommended Sherri Puckett for reunification 

therapy. 

On March 20, 2023, the family court entered an order appointing Dr. 

Christie Kincaid as the reunification therapist and the grandparents would be 

responsible for the cost. Parents appealed in No. 2023-CA-0397-MR. The family 

court ultimately held the underlying case in abeyance pending these appeals.

In all three appeals, parents raise the same three arguments: (1) 

grandparents lack constitutional standing to move the family court to order the 
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child to attend therapy and to request the child see a specific therapist of their 

choice at their expense; (2) the family court was required to issue findings of fact 

and conclusions of law in support of its orders; and (3) the family court violated 

parents’ due process rights by entering the orders. 

First, parents argue grandparents, as noncustodians, lack constitutional 

standing to move the family court to require the child to participate in specific 

therapeutic treatment and with specific therapists chosen by grandparents because 

these are medical decisions. We agree. Whether a petitioner has “standing is a 

jurisdictional question of law that is reviewed de novo.” Ward v. Westerfield, 653 

S.W.3d 48, 51 (Ky. 2022) (citing Commonwealth v. B.H., 548 S.W.3d 238, 242 

(Ky. 2018)). “Standing requires that a party have ‘a judicially recognizable 

interest in the subject matter of the suit.’” Commonwealth v. Yamaha Motor Mfg. 

Corp., 237 S.W.3d 203, 205 (Ky. 2007) (quoting HealthAmerica Corp. v. Humana 

Health Plan, Inc., 697 S.W.2d 946, 947 (Ky. 1985)). If a party lacks constitutional 

standing to pursue a claim, “a circuit court cannot maintain proper original 

jurisdiction over a case to decide its merits because the case is nonjusticiable due 

to the plaintiff’s failure to satisfy the constitutional standing requirement, [and] the 

Court of Appeals and this Court are constitutionally precluded from exercising 

appellate jurisdiction over that case to decide its merits.” Commonwealth Cabinet 

for Health and Family Services, Department for Medicaid Services v. Sexton by 
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and through Appalachian Regional Healthcare, Inc., 566 S.W.3d 185, 196-97 (Ky. 

2018).

“[T]he Due Process Clause of the Fourteenth Amendment protects the 

fundamental right of parents to make decisions concerning the care, custody, and 

control of their children.” Meinders v. Middleton, 572 S.W.3d 52, 57 (Ky. 2019)

(quoting Troxel v. Granville, 530 U.S. 57, 66, 120 S. Ct. 2054, 147 L. Ed. 2d 49 

(2000)). “Issues concerning . . . medical decisions are matters of custody.” 

Warawa, 587 S.W.3d at 636 (citing Keeton v. Keith, 511 S.W.3d 918, 921 (Ky. 

App. 2017)). 

Here, grandparents lacked constitutional standing to move the family 

court to require the child to participate in specific therapeutic services with specific 

therapists at their expense because these are medical decisions. Grandparents 

merely have agreed upon visitation rights and are not custodians of the child.

Though it is undisputed that the parents are the only custodians of the child, 

grandparents argue they have standing to move the court for the child to visit 

specific therapists at their expense to enforce their visitation rights. 

Their argument is misplaced. The orders on appeal do not pertain to 

whether grandparents have visitation rights. Instead, each of the three orders on 

appeal allows grandparents to direct the child’s medical care over the parents’ 

objection. Based on our review of the record and applicable case law, the 
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grandparents lack constitutional standing to move the court to require him to 

participate in therapy with Dr. Hammon at their expense, to participate in an issuefocused assessment with Dr. Marvin and Dr. McCrary, and to participate in 

reunification therapy with Dr. Kincaid all at grandparents’ expense. Thus, the 

circuit court lacked jurisdiction to enter the May 10, 2022, May 11, 2022, and 

March 20, 2023 orders. 

Additionally, parents argue the family court abused its discretion in 

failing to issue findings of fact or conclusions of law in support of its order, and the 

orders violate parents’ due process rights. Because the grandparents clearly lacked 

standing to file the motions and the family court lacked jurisdiction to enter the 

orders, we need not address these issues on the merits. 

For the foregoing reasons, we reverse the May 10, 2022, May 11, 

2022, and March 20, 2023 orders of the Jefferson Family Court and remand for 

further proceedings concerning grandparent visitation. We caution the family 

court to refrain from entertaining grandparents’ motions that involve matters of 

custody such as medical decisions. 

ALL CONCUR.

BRIEFS FOR APPELLANTS:

Makenzie Ackerman

Louisville, Kentucky

BRIEFS FOR APPELLEES:

Melanie Straw-Boone

Peter J. Catalano

Louisville, Kentucky