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Kentucky Family Law Questions & Answers
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.

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.

1 Answer | Asked in Family Law for Kentucky on
Q: I live in Kentucky, and my ex lives in Indiana. She just sent me a letter for a tax offset. For child sppt. What is this

I received the tax offset letter from my ex who lives in Indiana. The letter is from the prosecutors office stating that I have 30 days to pay the $13,000. It also stated that they can go after my wife’s money as well. I’m trying to avoid that at all costs. What are my options if I cannot pay... View More

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Check with your tax preparer to see what filing options and other resources may be available to you.

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 Family Law for Kentucky on
Q: It I have 50/50 custody n the child father will be out of town his whole visitation time do I have to release my child

To the fathers mom

Timothy Denison
Timothy Denison
answered on Nov 26, 2023

Most likely yes. Depends on the language of your property settlement agreement.

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 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 Family Law for Kentucky on
Q: If I petition to adopt my cousin I’ve got permanent custody of how much should it cost estimated roughly

She was in the foster systems for almost 2 months

Timothy Denison
Timothy Denison
answered on Nov 8, 2023

Roughly, $2000 to $2500

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: I’ve had permanent custody of my cousin since May 2022 can I adopt her and what steps do I need to take

My cousin was removed in April 21 and was in state care til June 21 I was granted temp custody then in May of 22 I was granted sole permanent custody her mom has not had visits since July 21 (per therapist orders) and has had virtually no contact since October 22 (we saw her on Halloween 22 and she... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2023

Yes. You can adopt her. File a petition for Adoption in your county of residence naming the mother, father and child as defendants.

1 Answer | Asked in Family Law and Juvenile Law for Kentucky on
Q: how can i move out at 16 while pregnant.

i am 16 and so is the father of my baby and my mom told me that until i am 18 she will keep my boyfriend from me and his baby and shell "make it miserable for us".can she legally do that?please tell me what i can do.im finishing school and my environment is not fit for my baby.

Timothy Denison
Timothy Denison
answered on Nov 6, 2023

You can file a petition for emancipation in the district court of the county in which you reside but it may be difficult to have granted without your parent(s) on board.

1 Answer | Asked in Family Law for Kentucky on
Q: I am 15 and am in a diversion program. My parents are going to file a status complaint. what are the possible outcomes?

it was a vape i got caught with in school

Timothy Denison
Timothy Denison
answered on Oct 31, 2023

Penalty ranges if from nothing to incarceration. Likely, not much will

Happen.

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