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Kentucky Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My 14yr old son wants to live with me and has asked I undertake steps to initiate a change of residency. Hire an atty?

His mother is not a bad person but he is and has been for some time expressed depression which has recently grown into a feeling of what I can only describe as hopelessness with his current living arrangement. Most of this stems, unfairly as it may be, from his stepfather and the rules by which he... Read more »

Timothy Denison
Timothy Denison
answered on Nov 29, 2022

You need to hire an attorney, file a motion to modify residential custody and attach a report from his therapist (or get him in to see a therapist if he doesn’t have one.

1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Kentucky on
Q: My daughter has lived with a guy for 20 years.they have two children one still lives at home she is 15.can her boyfriend

force her to leave.dose she have any clame on the house

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Depends on how title to the property is held; whether daughter has contributed any money to the house over the 20 years. She most likely has a claim of some degree that can keep her there. She needs to talk to a lawyer immediately.

1 Answer | Asked in Child Custody for Kentucky on
Q: I lost joint custody of my son to his who now has sole custody of him. I lost them because of.drugs. can I get.joint bk

His dad has since moved our son to New Mexico without even telling me. What can I do

Timothy Denison
Timothy Denison
answered on Nov 25, 2022

You can probably regain visitation but one would have to review the file and the rulings that are in place. Additionally, the case may have to be litigated going forward in New Mexico under the UCCJA.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Kentucky on
Q: I don't have a phone number. Can I email a lawyer or judge asking for emancipation for myself from my parents?
Timothy Denison
Timothy Denison
answered on Nov 12, 2022

No. You will have to file a petition for emancipation in the district court of the county in which you reside.

1 Answer | Asked in Child Custody for Kentucky on
Q: My son’s grandparents currently have full custody of him. Should I try to get full custody or joint? No rights for them?
Timothy Denison
Timothy Denison
answered on Nov 11, 2022

Since they have custody currently, they have the same standing as you. Probably should only seek joint custody bc the standard for sole custody is much higher.

2 Answers | Asked in Family Law and Child Custody for Kentucky on
Q: I have 50% legal+timeshare w daughter. Theres a custody order in place a judge signed. Mother won't return my kkd

Mother refuses to return her even though her accusations are unfounded and simply not true. She's left KY violated the order & won't return her. What's my options?

Timothy Denison
Timothy Denison
answered on Nov 5, 2022

File a motion to hold her in contempt, for immediate possession and for your attorney fees asap.

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1 Answer | Asked in Child Custody and Child Support for Kentucky on
Q: Can I charge my Ex for child care if he refuses to make his own child care arrangements?

Our son has mental and physical health issues that require being at the school and Drs office often. My ex will not keep him on his days if my son has an appointment or my ex has to work. It puts me in a position where I can't get a job because he has a job and won't keep him. He... Read more »

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

No. Instead, file a motion in your divorce or paternity case for him to pay all the child care bc he won’t make the arrangements.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: My children are in muhl.KY cps custody (3youngest in foster care)&oldest2 in kinship)Have caseplan&need info. Plz

They have been in placement for 4 months ( my youngest son was born with prescription suboxon in his system&meth) I openly told them&hid nothing.Case plan is almost complete& they still only give us 2hoursa week supervised (1hr for my 5,13,16) Amd 2hours for my 17mo.&4mo) (total of... Read more »

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Have your lawyer file a motion and get the case back in court for a reunification hearing.

1 Answer | Asked in Criminal Law, Family Law, Adoption and Child Custody for Kentucky on
Q: My kids were placed with muhl. Co Dcbs (3 youngest ages 5,17mo&4mo in Fostercare& 2 oldest 13&16 in kinship)

If my husband&me want 2sign our rights over to my sister or his mother(they gain custody of all kids) will the case against is&kids be DROPPED/dismissed& my kids go home with them? They agreed to let us see the kids anytime& continue life as we did b4 Dcbs stepped in. So can we do... Read more »

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Highly unlikely that the court will remit what you propose. It is always much more difficult to get CPS out of your life than to get them into it.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My 17 year old daughter won’t come back to me from her dads.

My ex and I share joint custody of our daughter and recently she has refused to come back to me on my week. My ex isn’t going to make her go back, saying she’s old enough to decide. I do not agree. I can’t just go to my ex’s house and drag her out, can I? What actions can I take from here.... Read more »

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

File a beyond control petition and a motion in the divorce or paternity case for the Court to intervene and help you with her return.

2 Answers | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: If I am the noncustodial parent and cs had never been enforced would I be held liable for rearages if cps got involved?

We have always been on mutual terms and I have paid my share of health and wellness and provided necessities for the child.

Taniesa Velez
Taniesa Velez
answered on Nov 6, 2022

If you have been paying child support to the other parent, ensure you have statements of proof (bank statements, money transfer app statements, etc). A parent is finically responsible for their child. CPS involvement does not change that.

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2 Answers | Asked in Family Law and Child Custody for Kentucky on
Q: My ex has custody of my teen child and is failing to provide food and a safe home for him. Can he choose to live me?

My child has provided evidence to me showing unsafe living conditions. My child routinely has to ask me for money for basic needs despite me paying child support to the other parent. My child is now expressing he wants to live in my home because he feels completely unsafe. I do not want to take... Read more »

Taniesa Velez
Taniesa Velez
answered on Nov 6, 2022

If your child is in an unsafe or dangerous living environment, report those concerns to CPS. Obtain a lawyer. File a motion in circuit family asking for change in parenting time and/or suspension of time for custodial parent if dangerous conditions.

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1 Answer | Asked in Child Custody for Kentucky on
Q: Does a parent have to ask permission from other parent, who has temporary sole custody, to buy gifts for their child?
Timothy Denison
Timothy Denison
answered on Oct 22, 2022

No. A parent does not have to ask permission to give their child presents, gifts, etc.

2 Answers | Asked in Child Custody and Family Law for Kentucky on
Q: If a parent has temporary sole custody of a child does the other parent have to ask permission to buy gifts for the kid?

My sister told me that the father of her daughter, which he has temporary sole custody of their child, told her that she has to ask permission to buy gifts for her own daughter. So, I asked her if he had full custody of their daughter and she said that he only has temporary sole custody, like I... Read more »

Timothy Denison
Timothy Denison
answered on Oct 22, 2022

No. She does not have to ask permission to give her child presents, gifts, etc.

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1 Answer | Asked in Child Custody for Kentucky on
Q: How does CPS have the right to remove a child based only on complaint by someone

The mother was not given a drug test and no evidence of drug use was found. The child was taken solely on complaint

Timothy Denison
Timothy Denison
answered on Oct 5, 2022

As long as the complaint is sworn under oath, Kentucky law permits the temporary removal during the investigation of the complaint.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: How do I get custody of my son? His grandparents were given temporary custody.

They filed for emergency custody and were awarded temporary custody. There is a hearing in 1 week, said to be the final hearing. I have not been given any instruction on anything that I would need to do in order to get him back. If there is some form that I may need to submit or something, I'm... Read more »

Timothy Denison
Timothy Denison
answered on Sep 30, 2022

You should have your lawyer file a motion for return of custody before the hearing next week.

1 Answer | Asked in Child Custody for Kentucky on
Q: My husband and I gave temporary custody to his brother after our house was lost to a fire.

During that time they began paperwork to adopt my son and daughter. We were not aware of this until after they successfully adopted them. We were homeless trying to get back on our feet and our kids were basically stolen from us. Its been 3 years during which time we have remained in our... Read more »

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

Depending on how long it has been since the adoption, you may be able to go back into the case and have it set aside if you weren’t given notice or served.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Kentucky on
Q: How would child support and custody work via private sperm donation?

Hello, I’m supposed to meet a married lesbian couple soon in my home state, Tennessee (I wasn’t sure which state this should go in). They’re from Kentucky and the child would most likely be born there, however conception would happen in Tennessee. They want me to sign a contract primarily... Read more »

Timothy Denison
Timothy Denison
answered on Sep 16, 2022

It should be covered in the sperm donation contract.

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