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Kentucky Family Law Questions & Answers
1 Answer | Asked in Family Law for Kentucky on
Q: As a legal guardian for 5 yrs now to a 9 yr old boy do i have a right to decide who the child goes to when i die?
Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Not unless you have full custody of or have adopted the child.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Kentucky on
Q: do I need to change venues from original state to current state?

Spouses really took son out of state of original where minor child was born in resided, have been trying to use the court as a sword rather than shield

separated spouses are in a disillusion and a legal dispute over custody of a minor child, separated spouse has been stalking social... View More

Timothy Denison
Timothy Denison
answered on Jan 24, 2024

Venue is proper where the child currently resides.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Civil Rights for Kentucky on
Q: I have concerns about harassment from my Ex -Husband and his wife. Divorce occurred 11/2016.

He is already on his second marriage past ours. His current wife sent downgrading, belittling text messages at all different hours and times of day night. Not including or limited to 4:02 am, midnight Am/PM, etc. My ex husband did and does yeh same thing. Started really bad October 2022, in May... View More

James L. Arrasmith
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answered on Jan 22, 2024

Dealing with ongoing harassment from an ex-spouse is a difficult and distressing situation. It's important to take steps to protect yourself. Since you've already sent a cease and desist letter and the harassment has continued, the next step may be to consider legal action.

In...
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1 Answer | Asked in Immigration Law, Family Law and Child Custody for Kentucky on
Q: How do I terminate my former fiances rights to our daughter?

She is 10 months old and he left the country right after she turned 5. We didn't live together and he only came to see her a handful of times and has messaged me once since he left about her. He is on her birth certificate and she has both our last names but I would like to drop his... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2024

You will need to file a petition to terminate his parental rights in the Circuit Court of the county in which you reside.

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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2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jan 9, 2024

Order his military records from St. Louis from the National Archives. You can find that information online. I would request the entire file, to include medical, DD214, etc. Once you receive, go to the Veteran's Administration website and they will give additional guidance. You may also get... View More

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1 Answer | Asked in Family Law for Kentucky on
Q: I need to file a motion for dismissal in Kentucky family court without an attorney. How do I do that from out of state?

I have an attorney in Kentucky and have asked them to prepare and file the motion but they are not being responsive to this request and have not been adequately or accurately representing my interests since hired. I have been remotely interviewing potential new attorneys, who have suggested that a... View More

Timothy Denison
Timothy Denison
answered on Jan 5, 2024

Write your motion to dismiss, serve copies of it on everyone in the case and mail the original to your clerks office.

1 Answer | Asked in Family Law and Adoption for Kentucky on
Q: Should file motion for default judgment?

Had 1st hearing for TPR and adoption. Bio mom said she was not served that sheriff just left paperwork. Bio dad was served in jail.

On that court date the judge personally served her and instructed her and us that she had 20 days to respond to the summons/petition.

It has been 20... View More

Timothy Denison
Timothy Denison
answered on Jan 4, 2024

File a motion for default judgment against both parents.

1 Answer | Asked in Family Law for Kentucky on
Q: I am in Ky. My son is 12. I have guardianship. My ex has visitation every other weekend. Problem. He does not want to go

Can they force me to take him to her if he refuses ?

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

He has to go until and unless the Court changes the parenting time order. Otherwise, you could be in contempt of court.

1 Answer | Asked in Family Law for Kentucky on
Q: Me and my wife have temporarily guardianship of a child, we planned to keep her until 18th birthday but only one parent

Signed the papers because we didn’t know that the parents were still legally married but separated, now the father is wanting the child. The child doesn’t mind to spend time with the father just doesn’t want to live with him 24/7 cause he just recently became a part of her life.

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

You’ll have to litigate it against dad as either a custody action or as an adoption/termination action for resolution.

1 Answer | Asked in Family Law for Kentucky on
Q: I live in Kentucky with my daughters and CPS in Indiana wants me to bring them to Indiana bc of Tylenol at dance class.

I live in Kentucky and was visiting Indiana to take my daughters to dance class. While at dance class, my daughter that is 8 years old asked a employee at the dance class to open a Tylenol bottle for her and CPS was called. Now, indiana is wanting me to bring both children to Indiana to meet... View More

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

There are probably various opinions on this issue. Unless it will negatively affect your daughter’s dance lessons, I probably would not meet with them. Theres no wrongful activity but once you engage with them, they will consistently make your life miserable for no reason.

1 Answer | Asked in Family Law for Kentucky on
Q: I live in Kentucky. I took my 2 daughters to Indiana to dance class and cps was called over Tylenol.

I live in Kentucky and took my 2 daughters to Indiana to dance class. My 8 year old asked an employee to open a bottle of Tylenol and CPS was called. Indiana is telling me that I have to take both children to meet with them in Indiana. Is this out of their jurisdiction since we live in... View More

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

Unless it negatively affects your daughters dance practices, I probably would not take them to Indiana nor make them available to CPS.

1 Answer | Asked in Family Law and Juvenile Law for Kentucky on
Q: I am male age 17, I will be 18 on January third but will still be in highschool. Am I alloud to move out automatically
Timothy Denison
Timothy Denison
answered on Dec 14, 2023

Once you turn eighteen (18), you may go and do as you please.

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 Civil Rights, Divorce and Family Law for Kentucky on
Q: Is my realtor giving my phone number to my ex after being asked not to a privacy violation?

I am going through a divorce and the marital home is for sale. When hiring the realtor, I asked that my number not be given to my soon to be ex husband, due to previously changing my number because of harassment by him. I was verbally promised my number would never be shared with him or disclosed... View More

James L. Arrasmith
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answered on Dec 9, 2023

In your situation, where your realtor shared your phone number with your ex-husband despite a verbal agreement not to, it could potentially be considered a violation of your privacy. The key issue here is the promise made by the realtor and whether it can be legally enforced.

Verbal...
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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 Divorce and Family Law for Kentucky on
Q: KY divorce. Judge entered Findings of Fact / property division on November 3. I want to appeal. By when do I need to fil

file the intent to appeal? By Dec 3? Or by 30 days after the final judgement order which will be in January? Looking for a lawyer currently.

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

You have to appeal within thirty days of the date of entry of the order. If it was entered November 3, your notice of appeal would be due December3. December 3 is a Sunday, so by rule you would have until Monday, December 4, within which to file your notice.

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