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Kentucky Child Custody Questions & Answers
0 Answers | Asked in Adoption and Child Custody for Kentucky on
Q: Can I petition for sibling visitation rights for the 2 kids I’m adopting? They aren’t getting to see their sister.

I’m adopting 2 of my sisters children, after a voluntary terminated her rights.(ages 12 & 10) The other 2 kids were returned to fathers. (All kids have different dads). We have visitation rights with one child via mediation( age 7) but the other child we are not getting to see (age 4). All 4... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: My brother and his girlfriend wanna give me there baby what do I need to do? An will cps be involved?

My brother an his girlfriend have a baby he just turned 1 they both say they can't care for him mentally or financially an there splitting up and wanna give him to me there asking me if cps would have to be involved? and if so would they let me keep him? They don't want him in foster care... View More

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

You can file a custody action and do it all by agreement, most likely without any intervention from CPS.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If the father of his unborn children is deceased and the mother who is pregnant is incarcerated. Who gets custody?

If the mother of the deceased wants to get full sole custody how does that work in filing a petition for custody in court?

Timothy Denison
Timothy Denison
answered on Nov 27, 2023

She will need to file a dependency action in the county in which the child resides.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Kentucky on
Q: If I talk to the birth mom about relinquishing rights to her daughter so I can adopt her

Can I tell her I will see about getting her child support and back support forgiven or would that be coercion I’ve had permanent custody almost 2 years and the child’s been with me 3 years

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

You have to be very careful with this type of thing. You should have your lawyer broach this issue with her rather than doing it yourself.

2 Answers | Asked in Child Support, Family Law, Adoption and Child Custody for Kentucky on
Q: If a parent voluntarily signs away rights for their child to be adopted can their child support be forgiven

If the adoptive parent consents when the bio parent is a over $4000 behind

T. Augustus Claus
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answered on Nov 27, 2023

When a parent surrenders their parental rights, they are essentially giving up all of their rights and responsibilities to the child. This includes the right to have contact with the child, the right to make decisions about the child's upbringing, and the right to receive child support from... View More

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1 Answer | Asked in Child Custody for Kentucky on
Q: I have permanent custody of my niece and nephew since birth. Nothing from parents. Can they take the kids away from me.

The parents left the children at the hospital after birth. Both kids were highly addicted to drugs at birth. Iv not heard from the parents over a year in a half. Now the mother (my sister) is trying to take them away. She has neglect and abuse charges on her over the babys. Can she take them away... View More

Timothy Denison
Timothy Denison
answered on Nov 26, 2023

Highly unlikely she is able to take them from you. You are clearly the defacto custodian.

1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on
Q: Do I legally have to send my 6-year-old to his father’s house when he doesn’t want to go? 50/50 custody, no set days

My son is 6. His dad & I co-parent & are both very present in his life, which is why we settled on 50/50 custody & no specific set days- we knew we could get along to do so. Fast forward, now my son’s dad is remarried & his new stepson has severe behavior/authority issues and... View More

Timothy Denison
Timothy Denison
answered on Nov 17, 2023

Yes. You do until the court changes or modifies the parenting schedule.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If the judge was a partner with your underage son's lawyer in a cps case does that make it a conflict of interest

And if not then please tell why. Because I'm not sure what they call my son's lawyer Cosgrove or something but isn't he supposed to remain neutral but yet files a motion against me to overturn my answer for no for my one and a half year old son to be taking out of the country for a... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

No.

1 Answer | Asked in Child Custody for Kentucky on
Q: Need an exact form

I need to file return of custody with the courts and am looking for the exact form name and or details to locate it to get custody back of my children because in 2015 my mom was granted temp custody until kids turn 18.

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

There is no form per se. You file a motion for return of Cious today setting out all the reasons custody should be returned to you and serve it upon all parties. You may want to hire a lawyer to do this for you.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: What are papers called for filing?

2015 in Fayette county I lost my kids due to a relapse. My mom got them, two months later I ended up in the hospital for months. The case was closed and my moms papers say temporary custody until children are 18. We are from Boyd Co. so after my hospital stay I came home to Boyd. I’ve been clean... View More

Timothy Denison
Timothy Denison
answered on Nov 11, 2023

You’ll need to file a motion for return of custody in the Fayette County case.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: How can I petition the courts of KY(CPS more specifically )for contempt, without an attorney? I live in another state.

The judge ordered a new home study to be done for my home and for me to be included in my nieces counseling via zoom/phone appointment bc I live in another state. Within two weeks, case was closed nothing ordered and placement of my nieces have been settled. How can that happen? I've been... View More

Timothy Denison
Timothy Denison
answered on Nov 10, 2023

You’ll have to file a written motion for contempt, serve it on everyone and see if they will let you appear by zoom. If not, you will have to come in person.

1 Answer | Asked in Adoption and Child Custody for Kentucky on
Q: how to adopt an abandoned child

so my little sisters mom dropped my 4 year old sister off to me and said she didnt want her anymore and gave me a notarized guardianship over my sister. her mom has not reach out to me in 2months now what can i do to adopt my sister or what do i need to do the father of my sister which was also my... View More

Timothy Denison
Timothy Denison
answered on Nov 1, 2023

File a petition to adopt in the county in which you reside. You will need to have had Possession of your sister for six months before you can file.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Kentucky on
Q: Can I request an EOP and keep my child from my ex wife?

My ex wife was arrested for domestic violence against her current husband on Oct 16 2023. I had my daughter at the time and dropped her off the following Saturday and my ex told me nothing about it. When I picked my daughter up this Saturday she finally told me what happened and she was out on... View More

Timothy Denison
Timothy Denison
answered on Oct 29, 2023

Not without getting permission from the court first. Make a motion to limit their contact in the divorce case while the criminal case proceeds.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Background

Can your part criminal records be used as evidence in family court .

Timothy Denison
Timothy Denison
answered on Oct 20, 2023

Yes indeed. Absolutely.

1 Answer | Asked in Child Custody and Child Support for Kentucky on
Q: Is it that rasy to get sole custody?

Addicted parent, other going for sole custody. But both parents are fit. One just relapsed. What can they do to fight that they are unfit or at least fit as well for joint

Timothy Denison
Timothy Denison
answered on Oct 20, 2023

Very difficult to get sole custody anymore. Joint custody is probable.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My son turns 18 in 30 days. can his dad ground him from everything at my house, even going to the gym with me?

He makes him share his location, will not allow him to do anything but school and work. Our twins live with me. I have 70 percent custody but he told them at 16 they didn’t have to come on his days anymore. This punishment is because he posted a pic on Snapchat he didn’t like and told him to... View More

Timothy Denison
Timothy Denison
answered on Oct 22, 2023

No. He cannot ground him for anything g while at your house.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Proving someone’s character/custody

When a person has a LONG list of convictions, currently on parole, prior charges that were also violent. Including wanton on officer 1st. What’s some evidence to show a judge that someone may not be the one who is “Best Interest” They lied on 2 Motions filed, lied about my appear (hair color)... View More

Timothy Denison
Timothy Denison
answered on Oct 16, 2023

Your lawyer will be able to explain everything he needs for you to hopefully win the case.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Custody

officer enough to keep me from getting custody?

My ex is back to using, went to rehab finished now we goi g through court, what are our chances? She’s not a felon and did rehab on her own

Timothy Denison
Timothy Denison
answered on Sep 24, 2023

Not necessarily, no. The best interests of the child is the standard of proof.

3 Answers | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Do you have to file a response to every motion filed against you?
T. Augustus Claus
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answered on Sep 22, 2023

In Kentucky, as in many jurisdictions, you generally do not have to respond to every motion filed against you, but choosing not to respond could have consequences. When a motion is filed, it usually sets forth a legal argument or request that the court will consider. If you do not file a response,... View More

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2 Answers | Asked in Family Law, Child Custody and Constitutional Law for Kentucky on
Q: Whats the point of motion hour?

I know they are a couple different ones but representing yourself shouldnt you have the right to speak on your own behalf? A motion was filed with accusations, i didnt see anywhere that it may have said it was Ex parte? So if I go shouldnt i be allowed to speak at the motion hour before the judge... View More

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answered on Oct 15, 2023

Motion hour, often referred to as "motion calendar" or "motion docket," is a designated time when a court hears various motions filed in pending cases. The purpose is to manage caseloads efficiently and address pre-trial matters. If you are representing yourself (pro se), you... View More

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