Prospect, KY asked in Divorce, Family Law, Child Custody and Domestic Violence for Kentucky

Q: Is my wife's lawyer legally obligated to submit CPS records indicating her ex-husband abused her children?

One of the children is under joint custody, and the report for one of the incidents has been substantiated by CPS (he admitted to hitting the other child - who is fully in our custody, not related to her ex - with a dog leash). The other records indicate abuse may still be present with the child over whom he has primary custody (and we're trying to get custody). Is my wife's attorney legally permitted to withhold these records, when my wife has asked her to submit them as evidence? This case is in KY.

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: They are confidential records but are certainly the court should know about them (especially if the CPS case was before the same court). Idk why the lawyer would not submit them or make the court aware of them unless it is possibly a matter of strategy and timing. You should ask.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.