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Kentucky Family Law Questions & Answers
0 Answers | Asked in Civil Rights and Family Law for Kentucky on
Q: I need help. CPS is violating my civil rights and my public defender keeps saying that they don't have a case against me

The public defender keeps saying that the case is going to be dropped against me but instead I keep getting more court dates. I have complied with the cabinet. I have a prescription for CBD full spectrum from my doctor. I have PTSD and qualify for medical cannabis in Kentucky now but I'm too... Read more »

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If me and the wife both own the house,and her dad sold his and put the down payment on it,

How is it she is entitled to get that money back if i have to buy her half out if it not a marital asset. That makes absolutely no sense whatsoever. It was his house,he sold it,even if her name was on it or it was gonna be left to her in his will. If inheritance cant be shared by divorcing spouses... Read more »

Anna Aleksander
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Anna Aleksander
answered on Mar 20, 2023

It is possible to make an argument that the down payment was a gift to the marital estate. However, if dad testifies that this was not the intent, the check was made out to daughter only not to daughter and husband, it is likely non-marital. Inheritances are usually non-marital and separate... Read more »

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2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If me and the wife both own the house,and her dad sold his and put the down payment on it,

How is it she is entitled to get that money back if i have to buy her half out if it not a marital asset. That makes absolutely no sense whatsoever. It was his house,he sold it,even if her name was on it or it was gonna be left to her in his will. If inheritance cant be shared by divorcing spouses... Read more »

Timothy Denison
Timothy Denison
answered on Mar 20, 2023

The down payment by dad is non-marital in nature and will be restored to his daughter. After that, the proceeds will be divided 50/50.

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: What can I do to prove that I've ask 7 times in a year for a new case worker and they have denied me everytime.

My social worker has been apart of 3 of my kids dad's family all 3 of his sisters had the same worker I do.

Timothy Denison
Timothy Denison
answered on Mar 20, 2023

Have your lawyer file a motion to remove the social worker for a conflict of interest.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Is an unmarried woman that has a child automatically the legal sole/physical custodial parent of said child?

My ex boyfriend (we were never married) has taken our child and won't let her come home. There is no custody order in place. Paternity was presumed in child support court. Is he allowed to do what he's doing? I thought if parents are unmarried, even if paternity is established, that... Read more »

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

No. If paternity has been established, you both have joint (not sole) custody by operation of law. You will need to file a motion in the paternity case or a new custody scion to establish a parenting schedule

2 Answers | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: I've had custody of a child for 3 years now and I want to adopt him. Is that possible without taking father's rights?

I've had him since he was 3 weeks old, the mother has NO contact, and he see's his biological father on weekends. BUT, the bio dad has not established paternity with the state, and only the mother is listed as a parent on his birth certificate. Would I be able to adopt him with the father... Read more »

Timothy Denison
Timothy Denison
answered on Mar 13, 2023

Most likely not with the father in the picture. You can certainly try….but it may be more difficult depending on dads involvement or lack thereof.

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1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Can my child’s father who I have never been married to keep me from moving out of state with my child
Timothy Denison
Timothy Denison
answered on Mar 10, 2023

Most likely not, depending on the terms of your paternity agreement.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: If me and my ex had a cps case opened on both and my worker took him off can she readd him to my case a year later

We had split up and he didn't go to rehab like she had asked so we broke up and me and my children moved

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Yes. He can be readded to the petition.

2 Answers | Asked in Family Law and Constitutional Law for Kentucky on
Q: With the resent decision in the eastern fed court that gun confiscation in a dvo is illegal. Can I get my guns back?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 11, 2023

If your guns were confiscated as a result of a domestic violence protective order (DVO), the recent decision in the Eastern federal court regarding gun confiscation in DVOs may affect your ability to retrieve them. You may want to consult with a lawyer familiar with the specifics of your case and... Read more »

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1 Answer | Asked in Family Law for Kentucky on
Q: What is the best way to get a corrupt judge off your case? Already filing the JCC complaint form, but anything else?

Judge has been biased significantly to other party and has personally lied about contents of court documents, and used those lies in their rulings.

Timothy Denison
Timothy Denison
answered on Mar 4, 2023

You can also file a motion to recuse the judge and an affidavit containing the acts you consider biased.

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: My friends ex put their kids up for adoption in Kentucky without him knowing and without his consent is there anything t

That he can do

Timothy Denison
Timothy Denison
answered on Feb 27, 2023

Depends on various factors like timing. One would have to examine the adoption file to see if anything could be done.

1 Answer | Asked in Family Law for Kentucky on
Q: If a parent is found to have sexually abused their child in Family court ONLY, no criminal charges will that parent….

Will that parent automatically lose rights? is there ever a reunification?

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

No. They will not automatically lose their right. Depending on the degree of abuse, reunification is possible sometimes although the bulk of the case law appears against it.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: The wife and I have been separated for a year and she has been moved out of the home for almost that amount of time.

We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... Read more »

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you... Read more »

2 Answers | Asked in Family Law and Child Custody for Kentucky on
Q: My ex wife mother of my children is trying to move out of state with my kids. I live in Kentucky. What are my options?

Kids in question are 16,14 & 13

Taniesa Velez
Taniesa Velez
answered on Feb 23, 2023

Hello,

If you already have an open custody case, you will need to file a motion requesting the Court to enter an order prohibiting the kids from moving out of state.

If you do not have a custody action open, you will also need to file a petition, then the above mentioned motion...
Read more »

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1 Answer | Asked in Family Law for Kentucky on
Q: My mom passed away in October and I am her only child so does that mean all her assets fall to me

She wasn't married at her time of death either I'm her closest living relative

Timothy Denison
Timothy Denison
answered on Feb 21, 2023

Did she die with a will in existence?

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: What is the best way to prove to the court that my child’s mother is not staying with our child

But actually staying in a different county when she has her visitation week

Timothy Denison
Timothy Denison
answered on Feb 20, 2023

Hire a private investigator to surveil her movements and where he stays during her visitation week.

1 Answer | Asked in Family Law for Kentucky on
Q: My wife and a school counselor have never gotten along, one issue after the other . My son was absent for Covid,

The counselor has decided to not credit certain days for excused and instead contacted cps. Anonymously of course. How do I fight this . I have the documentation from the doctor. I came home Friday with a note from cps.

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

Show your documentation to CPS. I would also file a complaint with the principal and the school board against the guidance counselor.

1 Answer | Asked in Family Law and Child Support for Kentucky on
Q: Do I have to attend motion hour?
Timothy Denison
Timothy Denison
answered on Feb 26, 2023

Not unless your lawyer tells you to. If you do not have a lawyer, then yes, you should attend.

1 Answer | Asked in Family Law for Kentucky on
Q: My 6 year old son told my ex I kicked him? But he kicked me and I blocked with my foot and left a bruise. Epo was filed?

What proof do I need to prove I didn't kick him? How would you even prove something like that?

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

Unless son is going to testify ( if he is competent), mom won’t be able to get his statement into evidence. However, you should still hire a lawyer to represent you out of sn abundance of caution.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: Me and my wife have been separated for a yr. She moved out,can she still come to the house whenever she wants?

We have been separated for a little over a year, she moved out and has been living in another County for almost that length of time with another man, can she just show up to our home whenever she wants even to get her remaining clothes or whatever else?? She seems to think she can just because her... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 16, 2023

She would be entitled to come back to the house, unless there is a court order, saying she is not. If you are having issues over property, division and money, and her returning to the home, I suggest you hire a lawyer and file for divorce or if you’ve already filed for divorce file a motion in... Read more »

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