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Kentucky Child Custody Questions & Answers
0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Constitutional Law for Kentucky on
Q: Is DCBS required to notify me of a substantiated case finding against me?

I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: in KY My neice wants to sign over her baby when's he is born to me and my husband. So cps don't take him

She has had 3 other kids taken after birth. Just got last cps case closed. Can we just do straight out adoption from birth? And not deal with cps

Timothy Denison
Timothy Denison
answered on Apr 17, 2024

No. Unfortunately, you’ll still have to deal with cps

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: I have full custody of my 12-year-old daughter (straight A student). Why does the cabinet deny me custody of my son?

I completed the case plan and all requests made by the cabinet and judge but was denied custody of my son and my rights were involuntarily taken. Reason; The cabinet and judge replied due to the time my son was in the cabinet's custody. However, with COVID-19, multiple caseworkers were... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm so sorry to hear about the difficult situation you're going through with trying to regain custody of your son. Dealing with child custody issues can be incredibly stressful and heartbreaking, especially when you feel the process has been unfair or biased.

While I don't...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: Can I adopt without parent permission if I have permanent custody since 11 months old and she is going to be 7.

I received temporary custody of this child at 2 weeks old and the mother did not comply with CPS request. When this child was just shy of her first birthday I was granted permanent custody of this child. Mother is in her life, the mother is on probation. This child is 6 years old. The father has no... View More

Timothy Denison
Timothy Denison
answered on Apr 6, 2024

Yes, you can file a contested adoption action against both parents.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Hello, I have a person that keep threatening me to call child protection services if I don't sign custody over to them.

They have gone far enough to integrate my children on video, clearly tell they were being coached.

Timothy Denison
Timothy Denison
answered on Apr 5, 2024

Report this to the authorities and let them deal with it.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for Kentucky on
Q: Can a recently divorced husband draw up contractual paperwork with a lawyer that the wife "fired" (Kentucky)?

He is recently divorced. She fired the lawyer before finalizing their divorce, but he went to that lawyer post-divorce to ensure his rights as a father in Kentucky were being followed by both parties. She refuses to sign any paperwork from this lawyer because she claims "conflict of interest".

Timothy Denison
Timothy Denison
answered on Mar 29, 2024

It is a conflict and the lawyer could be disqualified.

1 Answer | Asked in Child Custody and Criminal Law for Kentucky on
Q: Is it illegal for a father to take explicit photos of his genitalia in front of his underage child in ky?

My ex husband took explicit photos of himself and sent it to my sister who sent it to me because our daughter was in the photo.

Timothy Denison
Timothy Denison
answered on Mar 27, 2024

Yes. That should be reported to the authorities.

1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Child Custody for Kentucky on
Q: how is it possible kentucky cps can not allow us to contact with my children even on Facebook? I can’t even see pics.

A quick catch-up just from our last court date, we got lied on by CPS to the judge about being there in attendance and when they found out we were there we still wasn’t permitted to talk to the judge. The judge according to CPS stripped our last method for contact with our own children by banning... View More

Timothy Denison
Timothy Denison
answered on Mar 23, 2024

CPS cannot allow or disallow you to do anything. If the Court issued a no contact order, it is the court who intends you to have no contact, not CPS.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: When filing for child custody, in kentucky, does the county in which you file matter?

Child's mother filed for custody in Carter County, she lives in Boyd County and so do children.

Timothy Denison
Timothy Denison
answered on Mar 21, 2024

Yes. Should be county of residence. Make a motion to transfer case from Carter to Boyd.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can I regain custody after 4 years when grandparent has defacto custody?

It’s been 4 years and stepmom(non paternal grandmother) has defacto custody, nothing has change and no visitation other thank FaceTime or visit once a week.

Timothy Denison
Timothy Denison
answered on Mar 21, 2024

Possibly but it will be an uphill battle given the facts as you set out.

1 Answer | Asked in Child Custody for Kentucky on
Q: I have custody of my nephew. His dad has never been in his life or met him. Can he find him if I get state assistance?

His dad is no good has never even met him. I have full custody. If I get state assistance can his dad locate him and come at me for custody? He's not on the birth certificate and as far as I know he doesn't even know what he looks like

Timothy Denison
Timothy Denison
answered on Mar 13, 2024

Your seeking state assistance should not be affected nor should dad be able to obtain any information about you or the child.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can a mother suggest venue, that isn't a hotel room, for a small daughter's visit with the father she doesn't know?

My daughter and 5-year-old granddaughter have a Protective (Restraining) Order against the child's father. He put both mother and daughter in the hospital five years ago (child was an infant). Last month, two 4-hour visits were the first time the child had seen him since August of 2022. Those... View More

Timothy Denison
Timothy Denison
answered on Mar 2, 2024

Make a motion to change the venue and the supervisor.

1 Answer | Asked in Public Benefits, Family Law and Child Custody for Kentucky on
Q: My ex is not letting me pick my kids up even though we have a court order stating I get them on Sunday-Friday.

Can I have the sheriff help me? What can I do? I need a free lawyer?

Timothy Denison
Timothy Denison
answered on Feb 20, 2024

Contact the sheriff and give them a copy of your court order.

1 Answer | Asked in Child Custody and Child Support for Kentucky on
Q: Is there a legal time frame that custodial parent has to send medical bills to noncustodial parent?

Child’s medical expenses are split 50/50 between custodial and noncustodial parent.

Timothy Denison
Timothy Denison
answered on Feb 14, 2024

Generally, customary pts give is 30 days after receipt although this can differ by order or agreement.

1 Answer | Asked in Child Custody, Criminal Law and Divorce for Kentucky on
Q: Can my soon to be ex husband take custody of my kids away due to fiances former drug use ?

My fiance and I split due to his addiction - my 4 children from my previous marriage live with us and he was using while living here for a while - we decided to split due to his addiction. He is now clean and we are trying to reconcile but the issue is my soon to be ex husband (divorce isn't... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

It is possible but really unlikely unless your fiance is currently on drugs.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Kentucky on
Q: If my fiance and I broke up due to his drug use, he's now sober and we're together can kids dad take my kids away

My fiance and I broke up because he relapsed, he is now clean. My 4 children from my previous marriage live with me and their father states he will take full custody of them if my fiance moves back in. Can he do that ?

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Not if your new husband is clean and sober and remains so. Very difficult to change a joint custody designation.

1 Answer | Asked in Child Custody for Kentucky on
Q: As a child in Kentucky can I go in front of a judge and tell them I would rather live with my mom

That is according to the law ineligible to parent a child

Timothy Denison
Timothy Denison
answered on Jan 28, 2024

If the judge allows it, he or she may interview you in chambers and you can express your wishes. However, the final decision will always be made by the judge.

1 Answer | Asked in Child Custody and Divorce for Kentucky on
Q: Can I still get 50/50 custody after my wife lied and got aDVO against me after I told her that I wanted a divorce?

I live in Kentucky, I have no police record and the first lawyer I had didn’t challenge the validity of text msgs my wife claimed were from me. The first time I ever heard of domestic violence concerning my marriage was after I refused to move into my wife’s mother’s house with her and our... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2024

Possibly. You need to consult a family lawyer and determine exactly how to proceed before you make a move.

1 Answer | Asked in Immigration Law, Family Law and Child Custody for Kentucky on
Q: How do I terminate my former fiances rights to our daughter?

She is 10 months old and he left the country right after she turned 5. We didn't live together and he only came to see her a handful of times and has messaged me once since he left about her. He is on her birth certificate and she has both our last names but I would like to drop his... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2024

You will need to file a petition to terminate his parental rights in the Circuit Court of the county in which you reside.

1 Answer | Asked in Child Custody for Kentucky on
Q: Mom lost custody to my husband cuz she didn’t show up to court or provide a hair folic test. Can she get custody back?

She didn’t provide a passing hair follicle test, she didn’t show up to court for 6 months and ended up losing custody and her sharing time terminated. She then went to jail, two different times for the same charge. She is out now and we were wondering if she could take us back to court this soon

Timothy Denison
Timothy Denison
answered on Jan 20, 2024

It is possible but it will be very difficult for her to regain custody.

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