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Kentucky Child Custody Questions & Answers
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.

2 Answers | Asked in Child Custody and Family Law for Kentucky on
Q: How would I file a modification for custody in Kentucky when both parties are in agreement without a lawyer.

The court house said they don’t have specific paper work and I can file with fee’s without a layer but I better know how to do it right in which I have no idea and there’s no way I can afford a lawyer and there is no legal aid for this.

T. Augustus Claus
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answered on Jan 12, 2024

In Kentucky, if both parties are in agreement to modify custody, you may be able to proceed without a lawyer. To initiate the process, you typically need to file a motion or petition with the family court that issued the original custody order. While the courthouse may not provide specific forms,... View More

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1 Answer | Asked in Child Custody and Child Support for Kentucky on
Q: Do I have a better chance of getting more child support if I use an attorney?

My husband and I are separated and he's moving out next week. We have a 6 year old and he has a 17 year old from a previous marriage that he pays child support on. Do I need to spend the extra money for an attorney to get the most child support or is that a waste of money? Thanks!

Timothy Denison
Timothy Denison
answered on Jan 6, 2024

You should final a reasonably priced, competent family law attorney to help you get the most money you can.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can the guardian ad litem be a source for collateral information in custody case.

I had to have a psychiatric evaluation for a custody case due to the fact that coparent said that I had been a previous drug addict and had mental issues. I have been ordered to take multiple drug screens at Cps courts etc. due to all of his motions that he files and false EPO‘s. I’ve never... View More

Timothy Denison
Timothy Denison
answered on Jan 4, 2024

No. You should hire a lawyer to sue both your ex and the gal for defamation.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can I have my rights taken from me?In Kentucky that is. If I haven't even been determined to be the Father yet?

I have taken the Paternity test already. They told me they would call me in 2 weeks. But everyone else I've asked said there test was mailed to them. Then 6 days before my results were here. I get my rights taken anyways. Wtf?

Timothy Denison
Timothy Denison
answered on Dec 31, 2023

You don’t have any rights until after you are determined to be the father.

1 Answer | Asked in Child Custody for Kentucky on
Q: How do I put my name on my child’s birth certificate since I wasn’t there when he was born?

The father’s name section is left blank on the birth certificate because I wasn’t present when my child was born. Now the mother and I have agreed to get my name put on the birth certificate but I want to know the legal way to get it done. My child was born In Illinois. Thanks

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

You’ll need to file a paternity/custody action to establish paternity and thereafter you can be added to the birth certificate once paternity is established.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can I have our joint custody order modified to grant me sole physical custody while my ex is in a 6 mo rehab program?

My ex and I have been divorced for 7 years. He is a recovering alcoholic who has, in the last year gained a substance abuse problem. Our daughter is 13 and has recently stopped going to his house because she no longer felt safe. There was open drug use, people constantly in and out, and constant... View More

Timothy Denison
Timothy Denison
answered on Dec 20, 2023

You can file that anytime. You will still need to send him notice of everything you do. It will be up to the court as to how and when to proceed further.

1 Answer | Asked in Child Custody for Kentucky on
Q: I live in ky we have custody of the kids 4 years there mom lost it throught cps will she get it back
Timothy Denison
Timothy Denison
answered on Dec 15, 2023

Depends whether she has fully complied with her treatment plan. Most likely, no.

1 Answer | Asked in Child Custody for Kentucky on
Q: Who has jurisdiction in an open custody case the state where there's an open case or where the children live?

My ex wife was granted permission to move to Tennessee back in 2021 with a court order which had a custody agreement along with it. We are currently going to court in kentucky over this matter but she has also filed in Tennessee

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

Theoretically, both. The Courts will need to confer and decide which will be handling the case.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can Tennessee gain jurisdiction over an on going custody case in kentucky?

My ex wife is a resident in Tennessee we have an open court case in kentucky I live in the state of kentucky

Timothy Denison
Timothy Denison
answered on Dec 14, 2023

Most likely not if the child is located in Kentucky.

1 Answer | Asked in Adoption and Child Custody for Kentucky on
Q: Once I get an attorney to adopt my cousin I have permanent custody of what will the hearing look like

Both if bio parent’s voluntarily sign away rights or don’t sign away rights

Timothy Denison
Timothy Denison
answered on Dec 11, 2023

If the patents sign away their rights, there won’t be a hearing. If they do not, the court will take testimony to determine whether the parents rights will be terminated.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: What is standard arrangement of custody for two parents in different states with special needs child.

My 2.5 yo has spastic quadriplegic cerebral palsy and autism. I have sole custody with visits at my discretion. Dad hasn’t seen child since 2021 and has called 6 times in over three months. Got served with child support and asked me to have someone adopt him so he could signs rights away and get... View More

Timothy Denison
Timothy Denison
answered on Dec 13, 2023

If you already have sole custody, it is highly unlikely he is going to be able to change that bc the standard of proof is a high threshold. Additionally, if you have been living in your state for more than six months, any custody action should be brought where you and the child reside. You are... View More

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If petitioner ask the other party to take a drug test, can the other party ask that the petitioner take one too

Plus their spouse

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Other party, yes. Spouse: need evidence of wrongdoing on part of spouse to get test.

1 Answer | 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

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Yes. You can.

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.

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