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Kentucky Family Law Questions & Answers
2 Answers | Asked in Criminal Law and Family Law for Kentucky on
Q: Violating EPO

What happened to the second time you violate any Epo ? Does it turn into a felony?

Jonathan Hodge
Jonathan Hodge
answered on Dec 4, 2022

In Kentucky, violation of an EPO constitutes contempt of court which is prosecuted as a Misdemeanor A (can be jailed up to 365 days on conviction). There is no enhancement of this misdemeanor penalty to felony.

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1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: I have kids with my ex girlfriend and she has a Dvo on me .

If I write my kids mothers friend , that I miss my kids and I’m taking steps into therapy and taking parenting classes to better myself. Am I violating , the order ?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Dec 3, 2022

You are not violating a no contact order by contacting third parties but if you are contacting them so that they contact your ex that would be a violation.

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Kentucky on
Q: If DVO domestic violence order has expired or was dismissed is your firearms rights restored in the state of Kentucky?
Timothy Denison
Timothy Denison
answered on Nov 29, 2022

Yes, presuming there are no other prohibitions on your right to possess a weapon.

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 Family Law for Kentucky on
Q: We both have been served. I filled a epo. When I go to Court I want to dismiss the epo. Will Commonwealth take the case
Timothy Denison
Timothy Denison
answered on Nov 26, 2022

No. EPOs/DVOs are civil matter and the commonwealth is not involved.

1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Kentucky on
Q: I seen my kids mother in traffic I went the opposite way she did , but her friend told me she filed a complaint on me.

There is a DVO in effect, Should I be worried for an arrest ? This happened 3 days ago . Or how does a complain work ?

Timothy Denison
Timothy Denison
answered on Nov 25, 2022

Doubtful anything will come if it as you did the right thing by going the other way when you saw her. That is the advice judges usually give when issuing a dvo. If there was no contact nor communication, you should be safe.

2 Answers | Asked in Adoption and Family Law for Kentucky on
Q: How do you file a contempt order in Kentucky family court pro se?

other parent is not following orders given by the court. Any other motions I should file? Please provide the court form number if possible, want to make sure all the paperwork is correct.

Taniesa Velez
Taniesa Velez
answered on Nov 19, 2022

File a motion for contempt and cite the order the parent is violating. You can find any available self help forms online on the Kentucky website. You can also visit the Jefferson county family court clerks office and request the same.

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1 Answer | Asked in Family Law for Kentucky on
Q: My girlfriend is 17 and her dad is homophobic and verbally abusive. Is their anyway I could help her get out of there?

We have been together for almost 9 months and he still yells at her and try’s to make up things about me to her. He once compared me to him being friends with someone who did drugs. Talking about how you had to let them go. We are both 17 and live in Ky. What can I do to help her?

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

No. The only thing you can do is make a CPS report and then see what happens.

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: What is the first step in reversal or returning adoptive child back to foster care?

Fraud on part of CPS (withholding information about child)

Child is out of control.

Pro bono legal help.

Timothy Denison
Timothy Denison
answered on Nov 14, 2022

File a motion to set aside the adoption and return the child to foster care.

1 Answer | Asked in Family Law for Kentucky on
Q: What Can be done when a Judge in ruling documents testimony from a witness incorrectly?
Timothy Denison
Timothy Denison
answered on Nov 14, 2022

Make a motion to correct the testimony snd give the judge the opportunity to correct it before any further action.

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 Family Law for Kentucky on
Q: Hello, I have a quick question about guardianship in a will.

If a mother lists a father on her baby’s birth certificate, will she be able to appoint her adult son as guardian of the child if she were to die and not allow the father to have guardianship…or would she have to leave the father off the birth certificate to do so?

Timothy Denison
Timothy Denison
answered on Nov 6, 2022

Whether you list the father on the bc or not, it will not preclude the father from bringing an action to establish paternity or custody if he so chooses. Listing your adult son as guardian is fine if it it not contested, but it will not take precedence over a Circuit Court custody order.

2 Answers | Asked in Family Law for Kentucky on
Q: A 17 year old runs away from home to my house ( she has lived in my home twice and over six months with her mother). Sh

She doesn’t want to go back home. Can they make her leave my home if the police are called and her mother knows she ran away to my home?

Lost in Kentucky

Taniesa Velez
Taniesa Velez
answered on Nov 6, 2022

She is a minor. If there is a safety reason why she will not remain in her home, report those concerns to CPS.

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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 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 Divorce and Family Law for Kentucky on
Q: I have no clue what to do or where to even start please help!

My husband and I are going through a CPS case and he has not been following the case plan and has started smoking marijuana again. He said he will not be stopping again even though he stopped for 6 months during this and I have no clue what to do other than get a divorce but I am 6 months pregnant... Read more »

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Find yourself the best divorce lawyer you can and file for divorce. The court can require your husband to contribute and support you.

1 Answer | Asked in Child Support and Family Law for Kentucky on
Q: On a child support case what does this mean: Org order/not to whhd inc

I have a support case I requested to stop paying because my daughter quit school works and never stay with her mother the next thing I know they terminated child support I was glad but then they said that it was a mistake she got my case and someone else’s mixed up so child support was started... Read more »

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

Original Order was not to withhold.

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.

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