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Questions Answered by Richard J. Head
1 Answer | Asked in Family Law for Kentucky on
Q: I live in KY and am divorced from my child's father. I have custody and want to move to IL with my daughter

What are my rights?

Richard J. Head
Richard J. Head answered on Mar 1, 2014

File a motion with the court that granted you custody. Ask to have the order amended.

1 Answer | Asked in Family Law for Kentucky on
Q: About record expungement

I've had the court to expunge a charge from my record. My ex-wife made copies of these charges and uses them during court proceedings. Since these records are considered sealed, is she allowed to do this and be permissible in court?

Richard J. Head
Richard J. Head answered on Mar 1, 2014

Obtain a copy of your expungement order, and object when she brings it up. Unfortunately, however, she can still bring it up, if she can establish its relevance to he issues under consideration.

1 Answer | Asked in Family Law for Kentucky on
Q: What if I don't want my wife to change my childs last name to her current married name
Richard J. Head
Richard J. Head answered on Mar 1, 2014

When you are notified of her having filed the action, show up and let the court know you don't agree. You have to be notified under the statute. If you weren't notified, file a motion to set aside the order.

1 Answer | Asked in Family Law for Kentucky on
Q: Are Maine divorse orders upheld in Kentucky?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

Yes. All states must give full faith and credit to the judgments of other states. You may have to file it, in some circumstances, in order to enforce it, but it can be enforced.

1 Answer | Asked in Family Law for Kentucky on
Q: Do you have to be married for 5 years in ky to have spousal rights

My dad lived with a woman for over 20 years and she is claiming he married her on Dec 11, 2012. he died this morning and she is trying to have him cremated.

Richard J. Head
Richard J. Head answered on Mar 1, 2014

What do you mean by "spousal rights"? Can you be more specific?

1 Answer | Asked in Divorce for Kentucky on
Q: How does infidelity affect the divorce ruling in KY?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

Most courts in Kentucky do not care. Kentucky is a no fault state, and so infidelity is usually not an issue. The court can take it into consideration on the issue of Maintenance, and it is occasionally an issue in child visitation, but only in the cases where the child is directly impacted by the... Read more »

1 Answer | Asked in Criminal Law for Kentucky on
Q: Daughter was on probation for felony had.a dirty.urine test the first one In three plus.years is that grounds for.pv

She was arrested and is now in jail on probation violation . what are the laws pertaining to this.

Richard J. Head
Richard J. Head answered on Mar 1, 2014

Yes. Violation of the terms of probation can always result in revocation.

1 Answer | Asked in Family Law for Kentucky on
Q: Divorce was in Kentucky. Can I have the visitation case of the father moved to west Virginia where the child and I live
Richard J. Head
Richard J. Head answered on Mar 1, 2014

Yes, in many instances. There is a uniform act, called the "uniform child custody jurisdiction act" that sets out in detail the circumstances where venue can be changed.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What is the penalty for felony charge of receiving stolen property in the state of Kentucky?

Someone stole property and someone else pawned the items.

Richard J. Head
Richard J. Head answered on Mar 1, 2014

Receiving stolen property can either be a felony, or a misdemeanor, depending on the value. If it is a felony, and there is no other issues except the receiving charge, 500 to 10,000 is a class d felony, and carries 1-5 years, 10,000 and up is a class c, and carries 5-10 years. A firearm,... Read more »

1 Answer | Asked in Divorce for Kentucky on
Q: I was wondering I have been separated from my wife for 12 yr's .can I get a Divorce if she don't want one?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

Yes, you can get divorced even if your spouse does not want to cooperate. She can slow down the process, and make it more complicated, but she can't stop it.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Is it illegal to put someone's voice on the internet in the middle of a high profile murder case that is on going
Richard J. Head
Richard J. Head answered on Mar 1, 2014

If the recording were done in a conversation where one of the parties to it knew it was being recorded, then it is not legally wrong. Kentucky is a one party consent state. If one party is in a two party consent state, then both parties should know of the recording. If the recording is altered in... Read more »

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can i be charged with a controlled substance police said they found in my purse at someones home i had nothing in it

I was not present at search

Richard J. Head
Richard J. Head answered on Mar 1, 2014

Yes, you can be charged. After you are charged, the question becomes whether you can be convicted. If the purse was yours, and had your ID or other information establishing it was yours, and someone hid drugs in it, then you will, at a minimum, be questioned when the drugs are found. It would be a... Read more »

4 Answers | Asked in Bankruptcy for Kentucky on
Q: We have approximately $70,000 in unsecured debt. I want to file bankruptcy is there a cutoff on what you can make?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

You can file for protection, but if you make over a statutory threshold you may have to file for a Chapter 13 instead of a Chapter 7. There are a lot of factors that go into this determination, and you need to make an appointment with a lawyer who practices in the District where you live.

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