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Kentucky Family Law Questions & Answers
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.

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 for Kentucky on
Q: My partner bought her daughter, my step daughter, a vape pen. She is only 15 years old. We live in KY. Is this illegal?

I found out from my step daughter that her mother, my partner, bought her a nicotine vape pen. She said she was curious and just asked, and she said ok. For multiple reasons, I have decided to leave the relationship. Personally I am torn on whether or not to report it. I love my child as if they... View More

Timothy Denison
Timothy Denison
answered on Oct 27, 2023

Technically, it is not illegal but I agree it is a poor practice. You are under no obligation to report anything to anyone. If you are leaving the relationship, I would not report it. Looks retaliatory. If this kind of conduct continues, it will come out in the wash anyway.

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.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If my husband put the down payment on our first house is he entitled to all of it back if we divorce in Kentucky?
T. Augustus Claus
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answered on Oct 18, 2023

In Kentucky, during a divorce, property division is typically based on equitable distribution, not necessarily giving the full value of the house to the spouse who made the down payment. Various factors, including contributions from both spouses, are considered. For personalized legal advice... View More

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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 Family Law for Kentucky on
Q: can cps remove newborn from my custody over a hair follicle test being positive for meth but have been drug testing

clean from all substances for two months and baby and mother systems both clean at the time of delivery

Timothy Denison
Timothy Denison
answered on Oct 13, 2023

Yes. They can.

1 Answer | Asked in Family Law for Kentucky on
Q: If me and my sons father have joint custody do we have equal sharing time
Timothy Denison
Timothy Denison
answered on Sep 30, 2023

Not necessarily. Could be any combination of parenting times.

1 Answer | Asked in Family Law for Kentucky on
Q: What are the smart, legal order of operations for getting out of a potentially dangerous situation at home?

a

Timothy Denison
Timothy Denison
answered on Sep 26, 2023

Find a safe place for her and the kids to go. Next, hire a divorce lawyer to prepare and file the case. Last, any threats or abuse from him going forward, file an EPO.

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 Criminal Law, Family Law, Civil Rights and Juvenile Law for Kentucky on
Q: I have a bench warrant & need to renew my license in Campbell Co. I've secured insurance since. Will I be arrested?
T. Augustus Claus
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answered on Sep 22, 2023

If you have an active bench warrant against you, you run a significant risk of being arrested if you go to a government office like the DMV to renew your license. Bench warrants are usually entered into a statewide database accessible by law enforcement, including the officials who work in DMV... View More

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1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: can a plaintiffs record of being guilty violating KRS 314.091(1)(a), (d), (h), (j), (l) be used as evidence in cases

can it be used as evidence for defendant in civil summons hearing

Timothy Denison
Timothy Denison
answered on Sep 21, 2023

Yes. It can.

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.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If I file for divorce, win a major lottery prize & don't claim it until after the divorce...will I have to split it?

Will I have to split the winnings with my ex spouse if I wait until after the divorce is final to claim the prize?

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

Kentucky is a an equity state and a Court would have to determine what is equitable / fair for both parties. If the ticket was purchased and the lottery drawing was during marriage then she would likely be entitled to a percentage of the profits as the tickets were likely purchased with marital... View More

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1 Answer | Asked in Family Law and Child Support for Kentucky on
Q: If I win millions on a lottery prize in Kentucky, will that affect my husband's current child support order?

The original order was filed in Georgia & the mother now lives in another state.

Timothy Denison
Timothy Denison
answered on Sep 11, 2023

No. It will not affect his child support order.

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 Family Law for Kentucky on
Q: My sister had my mother add her and her husband on the deed to my mothers home. My father passed away several years ago.

Is there anything legally I can do if or when she passes away? Thanks

Timothy Denison
Timothy Denison
answered on Sep 4, 2023

You need to do it now. If your mother is disabled or unduly influenced, you need to challenge it while she is still alive. If she made the decision to add the husband of her own free will, then there’s not much you can do.

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