Questions Answered by Mr. Joseph T Ireland Esq.

Q: My grandson has lived with my husband and me since birth. He's almost 5. What can we do to secure his future with us?

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Answered on Apr 10, 2018
Mr. Joseph T Ireland Esq.'s answer
You can petition the court to be declared a defacto custodian and for custody. Mom likely has the ability to take the child back at any point if you do not have an order from the court granting you custody. You should contact a local family law attorney to discuss the specifics of your case and develop a plan to move forward. Best of luck.

Q: Can my sons mothers move out of state with my son?

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Answered on Mar 7, 2018
Mr. Joseph T Ireland Esq.'s answer
You need to file a petition for custody and parenting time. If a court has not legally declared you are the father, you will want to include a petition to establish paternity as well.

Q: Hit by car/truck on 12/26/17, car/truck ran redlight hit me and kept going. My lt knee was dislocated, torn ligaments

1 Answer | Asked in Personal Injury for Kentucky on
Answered on Jan 11, 2018
Mr. Joseph T Ireland Esq.'s answer
You need to discuss your case with an attorney as soon as possible. Feel free to call 859-581-0123.

Q: What rights does a non-custodial parent have when the custodial parent wants to send the child away?

1 Answer | Asked in Child Custody for Kentucky on
Answered on Dec 7, 2017
Mr. Joseph T Ireland Esq.'s answer
He may want to consider filing a motion with the court to change custody or address the situation. Something is usually going on when a parent wants to send their child to live with someone else.

Q: Does he legally still have a foot to stand on after all this time?

1 Answer | Asked in Adoption, Child Custody and Family Law for Kentucky on
Answered on Oct 23, 2017
Mr. Joseph T Ireland Esq.'s answer
You can file a termination of parental rights and adoption. Contact a local attorney to discuss the details and come up with a plan to move forward.

Q: Can I make my soon to be ex wife move since she is not on the deed or paying the mortgage?

1 Answer | Asked in Divorce for Kentucky on
Answered on Oct 4, 2017
Mr. Joseph T Ireland Esq.'s answer
You can file a motion for temporary exclusive possession of the property. You should contact a local attorney where your case is pending.

Q: My husband left me last December. Moved in with a woman in Kentucky. Our divorce is not final He is building a new home

1 Answer | Asked in Divorce for Kentucky on
Answered on Sep 20, 2017
Mr. Joseph T Ireland Esq.'s answer
You should contact a local family law attorney in your county asap. There is a possibility that you could be held liable for debts incurred by your husband while you are still married. You may want to consider filing for divorce to try and protect yourself.

Q: I have parental rights, my late finances family has custody of my kids. They wont let me talk or see kids

1 Answer | Asked in Child Custody for Kentucky on
Answered on Sep 18, 2017
Mr. Joseph T Ireland Esq.'s answer
You would need to look at any orders the court has issued related to your children to know if anyone is in contempt. You are always able to file a motion with the court to address contact and visitation with your child. You should contact a local attorney to discuss your options.

Q: Asking for my brother need advice asap

1 Answer | Asked in Child Custody for Kentucky on
Answered on Sep 13, 2017
Mr. Joseph T Ireland Esq.'s answer
So long as his parental rights have not been terminated, the father can file a motion for custody and parenting time. I would expect a lot of push back and if the court is inclined to start reintroducing the father to the child, I would expect it to go through a therapist. The father is going to need a lot of patience and understanding. Contact a family law attorney in the county where the child has resided for a consultation. Best of luck.

Q: My parents have temp custody of my three kids, and they will not let me nor the mother see them or get them at all

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Answered on Sep 9, 2017
Mr. Joseph T Ireland Esq.'s answer
You need to talk to a local family law attorney. You can always file a motion to address parenting time and contact with your children even if you do not want to change legal custody. What county is the court that granted the temporary custody?

Q: my 13 year old sister wants to live with my husband and I. Can I get custody of her since I'm not the mother?

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Answered on Sep 1, 2017
Mr. Joseph T Ireland Esq.'s answer
What county do you live in and what county does your sister live in? You should contact a local attorney to discuss all the relevant facts. It is possible but depends highly on a number of specific facts.

Q: Do you have to file and go to court in the state the child lives in?

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Answered on Aug 21, 2017
Mr. Joseph T Ireland Esq.'s answer
You will likely need to file in the state and county where the child has resided for the past 6 months.

Q: The mother of my child lives in OH I live in KY she is refusing to let me see my child and has blocked all contact.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Answered on Aug 16, 2017
Mr. Joseph T Ireland Esq.'s answer
You need to file a motion to establish paternity, custody, and parenting time. Do not wait. Contact a local family law attorney to discuss all of the relevant background and facts of your case.

Q: Can the father of my daughter get full custody because I don't have a job or house because I just moved.

1 Answer | Asked in Child Custody for Kentucky on
Answered on Jul 24, 2017
Mr. Joseph T Ireland Esq.'s answer
The ability to provide for your child is a very relevant factor the court will consider. However, those two facts alone are likely insufficient to justify awarding sole custody. The reasons why you do not have a home or job are much more important than the temporary fact that you may have neither. You should consult a local attorney in the county where your case is pending or where it will be filed so you can discuss all the facts of your situation.

Q: I live in TN & my son lives in KY. Child support is set up in TN.

1 Answer | Asked in Child Custody for Kentucky on
Answered on Jul 5, 2017
Mr. Joseph T Ireland Esq.'s answer
You need to locate the mother and serve her with a petition to enforce your parenting time and to establish a set schedule. You could file the motion in the court that made the initial decision or where mom and child are living now. You should discuss the matter in detail with a local attorney to come up with a plan.

Q: currently have joint custoday what are chances to get full custody or ammend that father can't have around certain peopl

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Answered on Jun 23, 2017
Mr. Joseph T Ireland Esq.'s answer
If the father is taking the children around someone that has recently been the victim of attempted murder and there is still is the possibility that something like that could occur again, I believe most family court judges would understand your request to restrict who the children are around. You need a local attorney to discuss your specific options.

Q: My ex has custody of our daughter. He has gotten multiple dui/drug charges since hes had her. Can I get soLe custody?

1 Answer | Asked in Child Custody for Kentucky on
Answered on Jun 21, 2017
Mr. Joseph T Ireland Esq.'s answer
You certainly may have grounds to ask the court to revisit the issue of custody. To fully answer the question, you need to talk to a local family law attorney in the jurisdiction of your case.

Q: I have 3 kids with my ex bf. How do i go about getting full custody? He barely sees them or pays child support

1 Answer | Asked in Child Custody for Kentucky on
Answered on May 22, 2017
Mr. Joseph T Ireland Esq.'s answer
File a motion for sole custody. Hire a local attorney, they will know what the judge is likely to do with your particular set of facts.

Q: I filed paper work for a divorce. Waited 60 days, and have a court date. Got mail saying it was denied. What do I do?

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Divorce for Kentucky on
Answered on May 22, 2017
Mr. Joseph T Ireland Esq.'s answer
You may want to consider hiring an attorney. If you have tried to do it yourself and you weren't able to get it done, there is probably something you are not doing correctly and it must be fixed before the court will grant your divorce/dissolution.

Q: If I am partially at fault for a tramatic burn injury, is it possible I could still have a case?

2 Answers | Asked in Personal Injury for Kentucky on
Answered on May 22, 2017
Mr. Joseph T Ireland Esq.'s answer
Yes. Kentucky is a pure comparative fault state.

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