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Kentucky Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Kentucky on
Q: How can custody arrangements be enforced post-expired DVO?

My boyfriend and his child's mother had agreed that he would keep their child from March 18 until her return from vacation on March 27, due to concerns about the child's discomfort during long car rides. There was a Domestic Violence Order (DVO) that expired on March 4, facilitating a... View More

Timothy Denison
Timothy Denison
answered on Apr 5, 2025

He will have to file a motion in the custody action. Once the dvo expires, it cannot be revived or enforced post expiration.

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2 Answers | Asked in Family Law and Child Custody for Kentucky on
Q: How do I navigate letting my ex see our newborn without affecting reunification with my other kids?

I am currently working towards reunification with my three children who were placed with their father after their removal due to a CPS investigation triggered by my ex-partner's overdose on THC and Fentanyl. I have completed my case plan, which included therapy, maintaining a clean home,... View More

Timothy Denison
Timothy Denison
answered on Mar 31, 2025

Follow the directives of CPS and don’t worry about the ex seeing the newborn unless and until they make you.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Kentucky on
Q: How can we file for an uncontested divorce and address paternity when I am not the biological father of my wife's child?

I have been separated from my wife for four years, and we are preparing to file for an uncontested divorce. During our separation, my wife had a child with another man last year, but I am listed as the presumed father. My wife resides in Tennessee, and I reside in Kentucky. We both agree that I am... View More

Timothy Denison
Timothy Denison
answered on Mar 31, 2025

You simply need to recite that the child is not born of the marriage and that you are not the biological father and that the presumption that a child born during the marriage is of the marriage has been rebutted.

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1 Answer | Asked in Child Support, Child Custody and Gov & Administrative Law for Kentucky on
Q: Child support arrearage issue due to system error after custody return in Kentucky.

I have been informed that there is a small arrearage amount due from when my child was in the custody of the Cabinet for Health and Family Services. My child returned to my custody in May, but the child support system did not stop support payments, and as such, the arrears reflected on the system... View More

Timothy Denison
Timothy Denison
answered on Mar 19, 2025

Wait for the audit. That should cure the error without further action on your part.

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for Kentucky on
Q: How to structure a legally valid child support agreement deviating from Kentucky guidelines during divorce?

My spouse and I are currently separated, and we are filing for divorce in Kentucky. We have a child custody order from a Virginia court but do not want to include child support in the Kentucky divorce filing. We are both unemployed and actively job searching, and we wish to agree to deviate from... View More

James L. Arrasmith
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answered on Apr 13, 2025

To structure a legally valid child support agreement deviating from Kentucky’s guidelines, you and your spouse must clearly outline in writing that you both understand the guidelines and mutually agree to depart from them. It’s important to specify why you are deviating, such as your current... View More

1 Answer | Asked in Criminal Law, Child Custody and Family Law for Kentucky on
Q: How to defend at personal protection hearing for child abuse in KY?

I have a personal protection hearing scheduled for the 17th, where I am defending against claims of child abuse. I have been served with an emergency order, but I don't have any witnesses for the hearing. There is also an ongoing custody case related to this matter. How should I prepare to... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2025

All you can do is testify as to your side of the story and I produce documentary evidence if you fo not have any witnesses to refute the allegations.

1 Answer | Asked in Adoption, Family Law and Child Custody for Kentucky on
Q: How can I adopt my nephew while grandparents have guardianship?

My parents have full legal guardianship over my 7-year-old nephew, who has ADHD, depression, and undiagnosed autism. My sister lost custody of him six years ago and relinquished her rights. I have been a mother figure to him since his birth and wish to adopt him permanently. While my mother... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2025

Unless he has been in your custody for six months or more and you have been the sole provider of his care and finances, you don’t have standing to seek custody from your parents.

1 Answer | Asked in Domestic Violence, Child Custody, Family Law and Sexual Harassment for Kentucky on
Q: Partner threatens false abuse allegations in KY

I'm facing an issue with my current partner who has threatened to report unfounded allegations of sexual abuse to ruin my life after I expressed doubts about our relationship. She claims to have videos taken without my knowledge during role play. We've discussed this, but she becomes... View More

Timothy Denison
Timothy Denison
answered on Mar 8, 2025

Document everything g with your therapist and keep an eye out and an ear open for anything else that would disprove the false allegations. I would refrain from discussing any of that with your partner and I would conversely act unfazed, unconcerned and like it doesn’t bother you if she brings it... View More

1 Answer | Asked in Civil Rights, Child Custody and Domestic Violence for Kentucky on
Q: How can I challenge a false DVO in Kentucky and safeguard my child?

I am dealing with a false DVO filed by my husband and granted by a judge who refused to consider my evidence. There are numerous police reports and a CPS report indicating a history of abuse and stating that my child should not be with him due to a likelihood of abuse. The CPS report advises taking... View More

Timothy Denison
Timothy Denison
answered on Feb 28, 2025

You have 30 days from entry of the dvo to file a notice of appeal of the dvo .

1 Answer | Asked in Child Custody for Kentucky on
Q: Joint custody issues with father's girlfriend overstepping in Kentucky

I have joint custody of my child with the father, but our son is with me 75% of the time. The child's father allows his girlfriend to make decisions for our child while he is at their house, including not brushing my child's teeth and packing a lunch that my child does not eat. She also... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2025

File a motion to exclude the gf and her interference entirely. You can also raise the other issues you have with dad in the motion. The court will address your issues and resolve them with both parties.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Concern about temporary custody arrangement and potential custody claim by relative.

I am currently following a care plan to regain custody of my son, who is placed in a temporary foster home with a distant cousin in Greenup County. The situation is supposed to be temporary, but I am concerned that this relative might attempt to seek custody of my child. What are my rights in this... View More

Timothy Denison
Timothy Denison
answered on Feb 23, 2025

If you complete the directed programs, you usually get the child back. The goal is reunification, not continued removal. The relative only has standing if the child is in her care for more than 6 months.

1 Answer | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for Kentucky on
Q: How can I pursue charges if husband took items then used them in court?

I'm facing a situation where my husband and his girlfriend entered my home and took items to use as evidence against me. They presented a note I wrote to my 25-year-old son about clearing illegal activities (specifically pot) to manipulate the court, leading the judge to believe I was covering... View More

Timothy Denison
Timothy Denison
answered on Feb 17, 2025

Go to the County Attorney's Office and take a criminal complaint against them. You may have to get a jury instruction for missing or stolen evidence once you get your case up and running.

1 Answer | Asked in Divorce and Child Custody for Kentucky on
Q: Can we file for divorce without child custody despite mother having custody?

I am seeking a divorce from my spouse, and we have an 11-month-old child. However, my mother has full custody of our child based on a formal court agreement since September last year. We have visitation rights but do not pay child support. Can we proceed with the divorce paperwork as 'without... View More

Timothy Denison
Timothy Denison
answered on Feb 16, 2025

You will need to file and address custody given the current custody situation, which should be referenced in the petition.

1 Answer | Asked in Family Law, Cannabis & Marijuana Law and Child Custody for Kentucky on
Q: How long do my kids have to stay in their father's care per CPS without a court order?

My child accidentally found and ate a single thc gummy and we took him to the hospital. CPS released him into their father's custody pending a home study to ensure I have a medication lock box. They said it would be within 72 hours. It has been 2 weeks and they will not return any of my calls... View More

Timothy Denison
Timothy Denison
answered on Feb 10, 2025

You may want to hire a lawyer to contact them on your behalf. Otherwise, it could be months before you hear from them at all.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: Can I talk to my children after rights are removed?

My parental rights are being removed soon & I'm freaking out about if they will still let me & kids talk on phone,etc like we do now.

Timothy Denison
Timothy Denison
answered on Feb 1, 2025

Most likely not. After your rights are terminated, generally you won’t be able to see them anymore.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: in Kentucky does my ex-wife have to disclose a location and name of significant other if asked?

During video phone calls with my children I have counted 10 nights in a row that they have stayed at another man’s house. Is my ex-wife required to disclose the person’s name and address of the place that they are staying to the non-custodial parent? Assumed to be significant other as my... View More

Timothy Denison
Timothy Denison
answered on Feb 1, 2025

Yes. You both should know where the children are at all times.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I feel like I’m being mistreated in court and I need to see if so before I go any further

So my boyfriend and I have been together 5 years And share 5 kids. 1 from my past relationship 1 with him and him with 3 others from 2 previous relationship. He and both his ex wife and him have known drug past. 3 years ago he had been clean and long story short he passed every drug test from... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2025

You need to file a petition for custody and get her guardianship set aside as fraudulent.

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Kentucky on
Q: Can a judge ignore completion of case plan and low risk assessment findings and terminate parental rights regardless?

I am involved in a case with the Kentucky cabinet. There was a finding of risk of neglect due to a DVO case between myself and the child's mother, my girlfriend. We have since resolved our issues, and have had no issues at all since the start of this case. I have complied with the case plan... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2025

Yes. They can do that although they are really not supposed to. You should hire a lawyer and file suit for custody of the child.

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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Kentucky on
Q: If there is court for a parent pressing out of control charges on their child, does said child need to be at the court?

Parent is lying to CPS saying that the child is out of control. Parent is saying that they already had court but nobody has said anything to the kid.

Timothy Denison
Timothy Denison
answered on Jan 21, 2025

Child has to be present at court as well.

2 Answers | Asked in Family Law, Civil Rights and Child Custody for Kentucky on
Q: How can I fight for my kids back when the judge who terminated my rights is no longer a judge an I wasn't given a chance
Timothy Denison
Timothy Denison
answered on Jan 13, 2025

You try it in front of the new judge. Great start. New chance.

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