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I've been married for 8 years, and my wife has video evidence, emails, and texts showing that I abused her. We do not have any prenuptial agreements, and there are no children from the marriage. In this situation, can my wife seek alimony?
answered on May 17, 2025
Not based on the abuse but based on the dis pi rarity in income, if there is such. It’s relatively short term marriage so maintenance will not last very long.
I'm seeking clarity on whether a 15-year-old child can testify privately against their biological father regarding neglect and abuse due to potential nervousness in a courtroom setting. The case involves revoking the father's custody rights to prevent the child from being forced to return... View More 
answered on May 15, 2025
The child can testify outside the physical presence of the father so long as the father can view the testimony via electronic means as it happens and he can see and hear what is said. There cannot be private testimony where the father is excluded completely as that would violate the confrontation... View More
I'm currently going through a custody battle with child services in Pikeville, KY. When I had my son in February, both of us had drugs in our system. He was born at 35 weeks and stayed in the hospital for two weeks due to jaundice and other issues, though he didn't need medication for... View More
answered on May 15, 2025
Have your paid lawyer file a motion to substitute counsel and file the administrative appeal. Good luck on your next test.
I am the mother of a 12-year-old son, and my ex has custody with me having visitation rights. My boyfriend was accused of having sex with a minor, but these charges were dropped after an official investigation found them to be untrue. The accusation stemmed from my other child. My ex is aware of... View More
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answered on May 15, 2025
You're right to be concerned, but dropped charges—especially when the investigation showed they were untrue—don’t automatically lead to the loss of visitation rights. Courts focus on what's in the best interest of the child, and that means they look at actual evidence of harm or... View More
I was married in Jefferson County, Louisville, Kentucky on August 4th, 2022. My spouse and I split last year, and she now resides in Australia. We have no property or assets to divide, and her daughter was not involved in our marriage. There are no specific concerns like immigration issues... View More
answered on May 13, 2025
She will either have to sign a voluntary entry of appearance and waiver or you will have to have her served through the Ky Secretary of State. If there’s nothing to fight over, maybe you. An get her to sign and return an entry of appearance.
I am separated from my husband, and we haven't involved any lawyers yet. My husband is waiting on an insurance settlement due to being side-swiped by another car, where the other driver was seeing him secretly. I've been told not to sign any divorce papers yet because Kentucky is a 50/50... View More
answered on May 7, 2025
You can contact the insurance company directly but the settlement is going to be marital property regardless ( with possible exception of pain and suffering)., so you don’t have to wait to file for divorce or anything like that. Your claim is preserved and will be adjudicated in your divorce... View More
I suspect that my ex-wife filed for divorce without my knowledge because she has remarried. I have no information on where or when it was filed, nor have I received any official notices. How can I find out about the filing details?
My daughter's biological father signed away his rights in Texas, and it was recognized by a court. We are now living in Kentucky, and I'm wondering if my new wife can adopt my 8-year-old daughter after we are married. My daughter wants the adoption, and there should be no family member... View More
answered on Apr 29, 2025
Yes. If bio dads right have been terminated, then your new wife should be able to adopt her. You begin the process by filing a Petition for Adoption.
I am a grandparent seeking custody of my grandchild in Kentucky after my child's parental rights were terminated, and my other child has passed away. I was not notified when my grandchild was placed in foster care. We had limited contact with my daughter due to a rocky relationship and only... View More
answered on Apr 29, 2025
If your child’s parental rights were terminated, unfortunately, you have no standing to file anything or seek custody of your grandchild.
I am a grandparent, and my daughter falsely listed a man as the biological father of her child to prevent court and Child Protective Services intervention after the child was born with illegal drugs in its system. Child Protective Services is now aware of this false declaration. The man listed as... View More
answered on May 1, 2025
Go to court in the CPS/paternity case and ask the court for a DNA test, a paternity test and temporary custody of the child.
I am a felon because of child support issues and have been charged with possession of a firearm found during a search of my truck. The search was based on a drug-sniffing dog's indication, but no drugs were found, and the body cam footage of the stop and search has been deleted. What legal... View More
answered on Apr 26, 2025
You’ll need to file a motion to suppress the stop and search as well as attack the “intentional deletion or distraction of exculpatory evidence” of the cam footage.
I voluntarily signed away my parental rights to both of my children during a private adoption. The adoptive family has since been charged with sexual assault, which resulted in my children going into foster care. Currently, my grandmother is fostering them, and I live with her to help because of... View More
answered on Apr 17, 2025
You can certainly try. I would file a motion to rescind the termination.
I have had permanent custody of a 14-year-old and a 15-year-old for 10 years. The biological father has spent most of his time in prison and was not granted visitation rights. The mother had visitation rights but stopped seeing the children years ago. Can I pursue adoption without involving the... View More
answered on Apr 14, 2025
No. Both biological parents will have to be personally served as parties to the adoption.
I have been separated from my wife for roughly five years, and we have no children or shared assets. I'm receiving SSI and live in Kentucky. I want to proceed with a divorce but don't have the financial means to hire a lawyer. My wife would agree to an uncontested divorce. How can I get a... View More
answered on Apr 5, 2025
Contact your local legal aid society. They are able to assist in many uncontested divorce actions.
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
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.
As a Canadian citizen who got my girlfriend in Kentucky pregnant while visiting the U.S., I am now back in Canada. We have no current arrangements, but she intends to pursue legal action to claim child support from me. I want to know if I can be held responsible for child support payments in... View More
answered on Apr 2, 2025
Yes. You can be held to pay child support and you can also be extradited back to Kentucky for failure to pay child support.
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
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.
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
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.
I have an active DVO against my child's mother, and she has one against me. Our child is currently in the hospital with declining health, and due to the urgency of her condition, waiting to get on the court docket, which is over a week away, may not be feasible. How can I get immediate relief... View More
I have a 500-foot restraining order against my husband, but I can't go to where I'm staying due to it. I was initially afraid, but there has been no recent contact between us, only through the kids. The order was modified for counseling, but my lawyer hasn't been responsive. There is... View More
answered on Mar 28, 2025
You can ask the court to modify the dvo. It should not negatively affect you if it doesn’t work out.
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