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Kentucky Child Custody Questions & Answers
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

James L. Arrasmith
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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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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Health Care Law for Kentucky on
Q: Custody/guardianship

If a relative has been taking your kids to the doctor in place of you but they never needed a note bc they once had temp custody, but I got custody back. They still do that though. Is that allowed? Can they take claim to guardianship? Obviously a care giver of sorts but all of her info is in their... View More

Timothy Denison
Timothy Denison
answered on Sep 16, 2023

No. Take a copy of your custody papers to the dr and explain that the relative doesn’t have possession or custody anymore.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: when filing for custody, if it is not mentioned in original petition, can it be used against you in court?

original petiton states they should get custody, but never states that the other is unfit nor why they shouldnt have custody. so when we go to court and the judge ask why one isnt fit, can they use arguments not listed in original petiton against the responsdent?

Timothy Denison
Timothy Denison
answered on Sep 6, 2023

Yes. The custody petition is a summary notice document. It need not ci rain each and every fact upon which the request is based. The underlying facts are then developed through discovery.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: How can i prove that my exs new spouse is detrimental to my child and mine relationship?

Theyve been together not long at all and now live together too. But when i had to leave my daughter with my ex for a couple months she started real quick on thats her family and ecen my ex says their son. What do i do? The new spouse is trying to come on too strong and my ex has never respected the... View More

Timothy Denison
Timothy Denison
answered on Sep 3, 2023

Get the kids I to counseling and therapy immediately to address these issues. Then, your therapist can testify for you in court.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can I get legal document for primary physical custody with out court in ky?

Im I’m Kentucky.

Me and the mother of my child had a kid out of wedlock. She moved out and has no permanent place to live right now and I’m taking care of our son everyday.

She has agreed to give me primary physical custody since I’m caring for him full time right now. And... View More

Timothy Denison
Timothy Denison
answered on Sep 1, 2023

Write up the agreement, both sign it, have it notarized with copies to both parents, and put your in a safe place where you can access it if you need it.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Does filing first for custody and has physical custody mean that parent will win their custody wants?

Non-married parents. previous case with cabinet but ended with custody returned to both parties, with no parenting schedule. M. has had child majority of time til about 1 year where time was split equal. But we are going to court and I didnt file first and now our child is in his physical custody.... View More

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

No. Filing first simply means you filed first. The custody will always be decided on the merits snd never on who filed first.

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

Is the custodial parent (mom) required to send proper clothing with child when they go to non custodial parents (dad) house?

Or is father required to purchase his own clothes for time at his house?

The non custodial parent does pay child support.

The child is 5 years old.

Timothy Denison
Timothy Denison
answered on Aug 19, 2023

Not unless your Property Settlement Agreement requires it.

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