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Kentucky Child Custody Questions & Answers
1 Answer | Asked in Domestic Violence, Child Custody, Family Law and Sexual Harassment for Kentucky on
Q: Partner threatens false abuse allegations in KY

I'm facing an issue with my current partner who has threatened to report unfounded allegations of sexual abuse to ruin my life after I expressed doubts about our relationship. She claims to have videos taken without my knowledge during role play. We've discussed this, but she becomes... View More

Timothy Denison
Timothy Denison
answered on Mar 8, 2025

Document everything g with your therapist and keep an eye out and an ear open for anything else that would disprove the false allegations. I would refrain from discussing any of that with your partner and I would conversely act unfazed, unconcerned and like it doesn’t bother you if she brings it... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: if an adopted child turns 18 and the parent has power of attorney can the child still leave
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

Yes. However, the if the child is disabled, you could file a petition for guardianship, conservatorship, limited guardianship, limited conservatorship and/or a combination those representative roles.

"Disabled" means a legal disability, not a medical disability, and is measured...
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1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Dcbs question about our child

Me and my girl has dcbs involved over my depression mistake..if we make it to were she has 100% custody of our daughter what will dcbs do/ can do to me if I'm not in household no more???

Timothy Denison
Timothy Denison
answered on Oct 26, 2024

Most likely even if you do give her 100% custody, they will still require you to complete their regimen before you can have contact with the child. You probably should hire the best family court lawyer you can and deal with it head on once and for all rather than giving her custody and hoping it... View More

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I currently have temporary custody of my Niece and Nephew. Could I possibly get full custody?

I have had my niece and nephew since February due to their mothers drug issues. We recently was awarded temporary custody. I believe because of their mothers mental state and previous drug use that she will never be able to fully take care of them and want to get full custody of them. Do you think... View More

Donald McClellan
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answered on Sep 25, 2024

Temporary custody can become permanent if the biological parents are deemed unfit parents by the state. If you have temporary custody due to CPS becoming involved and starting a case, the court will give the biological parents time to become fit or there will eventually be a hearing to terminate... View More

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Custody, family

I am 16 years old, i was taken away from my mom and dad 5 years ago at 11 for substance issues and more. My parents failed to get sober in the amount of time to get me back, therfore my grandma got custody of me. I am scared of her, uncomfortable around her, overall uncomfortable in my own life. I... View More

Timothy Denison
Timothy Denison
answered on Sep 25, 2024

Probably your best course of action is to have dad file a motion for return of custody to him in the case where grandma was given temporary custody. That will get you before the court at which point you can ask to speak to the judge directly and tell him/her what your wishes are regarding custody.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Constitutional Law for Kentucky on
Q: Is DCBS required to notify me of a substantiated case finding against me?

I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More

James L. Arrasmith
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answered on May 1, 2024

If you have discovered that your name is on the Child Abuse Registry due to a substantiated case by DCBS (Department for Community Based Services) that you were not previously notified about, it's important to address this issue directly with DCBS. Generally, agencies are required to notify... View More

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: I have full custody of my 12-year-old daughter (straight A student). Why does the cabinet deny me custody of my son?

I completed the case plan and all requests made by the cabinet and judge but was denied custody of my son and my rights were involuntarily taken. Reason; The cabinet and judge replied due to the time my son was in the cabinet's custody. However, with COVID-19, multiple caseworkers were... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm so sorry to hear about the difficult situation you're going through with trying to regain custody of your son. Dealing with child custody issues can be incredibly stressful and heartbreaking, especially when you feel the process has been unfair or biased.

While I don't...
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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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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

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 Criminal Law, Child Custody and Family Law for Kentucky on
Q: How to defend at personal protection hearing for child abuse in KY?

I have a personal protection hearing scheduled for the 17th, where I am defending against claims of child abuse. I have been served with an emergency order, but I don't have any witnesses for the hearing. There is also an ongoing custody case related to this matter. How should I prepare to... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2025

All you can do is testify as to your side of the story and I produce documentary evidence if you fo not have any witnesses to refute the allegations.

1 Answer | Asked in Adoption, Family Law and Child Custody for Kentucky on
Q: How can I adopt my nephew while grandparents have guardianship?

My parents have full legal guardianship over my 7-year-old nephew, who has ADHD, depression, and undiagnosed autism. My sister lost custody of him six years ago and relinquished her rights. I have been a mother figure to him since his birth and wish to adopt him permanently. While my mother... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2025

Unless he has been in your custody for six months or more and you have been the sole provider of his care and finances, you don’t have standing to seek custody from your parents.

1 Answer | Asked in Civil Rights, Child Custody and Domestic Violence for Kentucky on
Q: How can I challenge a false DVO in Kentucky and safeguard my child?

I am dealing with a false DVO filed by my husband and granted by a judge who refused to consider my evidence. There are numerous police reports and a CPS report indicating a history of abuse and stating that my child should not be with him due to a likelihood of abuse. The CPS report advises taking... View More

Timothy Denison
Timothy Denison
answered on Feb 28, 2025

You have 30 days from entry of the dvo to file a notice of appeal of the dvo .

1 Answer | Asked in Child Custody for Kentucky on
Q: Joint custody issues with father's girlfriend overstepping in Kentucky

I have joint custody of my child with the father, but our son is with me 75% of the time. The child's father allows his girlfriend to make decisions for our child while he is at their house, including not brushing my child's teeth and packing a lunch that my child does not eat. She also... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2025

File a motion to exclude the gf and her interference entirely. You can also raise the other issues you have with dad in the motion. The court will address your issues and resolve them with both parties.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Concern about temporary custody arrangement and potential custody claim by relative.

I am currently following a care plan to regain custody of my son, who is placed in a temporary foster home with a distant cousin in Greenup County. The situation is supposed to be temporary, but I am concerned that this relative might attempt to seek custody of my child. What are my rights in this... View More

Timothy Denison
Timothy Denison
answered on Feb 23, 2025

If you complete the directed programs, you usually get the child back. The goal is reunification, not continued removal. The relative only has standing if the child is in her care for more than 6 months.

1 Answer | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for Kentucky on
Q: How can I pursue charges if husband took items then used them in court?

I'm facing a situation where my husband and his girlfriend entered my home and took items to use as evidence against me. They presented a note I wrote to my 25-year-old son about clearing illegal activities (specifically pot) to manipulate the court, leading the judge to believe I was covering... View More

Timothy Denison
Timothy Denison
answered on Feb 17, 2025

Go to the County Attorney's Office and take a criminal complaint against them. You may have to get a jury instruction for missing or stolen evidence once you get your case up and running.

1 Answer | Asked in Divorce and Child Custody for Kentucky on
Q: Can we file for divorce without child custody despite mother having custody?

I am seeking a divorce from my spouse, and we have an 11-month-old child. However, my mother has full custody of our child based on a formal court agreement since September last year. We have visitation rights but do not pay child support. Can we proceed with the divorce paperwork as 'without... View More

Timothy Denison
Timothy Denison
answered on Feb 16, 2025

You will need to file and address custody given the current custody situation, which should be referenced in the petition.

1 Answer | Asked in Family Law, Cannabis & Marijuana Law and Child Custody for Kentucky on
Q: How long do my kids have to stay in their father's care per CPS without a court order?

My child accidentally found and ate a single thc gummy and we took him to the hospital. CPS released him into their father's custody pending a home study to ensure I have a medication lock box. They said it would be within 72 hours. It has been 2 weeks and they will not return any of my calls... View More

Timothy Denison
Timothy Denison
answered on Feb 10, 2025

You may want to hire a lawyer to contact them on your behalf. Otherwise, it could be months before you hear from them at all.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: Can I talk to my children after rights are removed?

My parental rights are being removed soon & I'm freaking out about if they will still let me & kids talk on phone,etc like we do now.

Timothy Denison
Timothy Denison
answered on Feb 1, 2025

Most likely not. After your rights are terminated, generally you won’t be able to see them anymore.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: in Kentucky does my ex-wife have to disclose a location and name of significant other if asked?

During video phone calls with my children I have counted 10 nights in a row that they have stayed at another man’s house. Is my ex-wife required to disclose the person’s name and address of the place that they are staying to the non-custodial parent? Assumed to be significant other as my... View More

Timothy Denison
Timothy Denison
answered on Feb 1, 2025

Yes. You both should know where the children are at all times.

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