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Kentucky Child Custody Questions & Answers
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
Donald McClellan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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.

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Kentucky on
Q: Can a judge ignore completion of case plan and low risk assessment findings and terminate parental rights regardless?

I am involved in a case with the Kentucky cabinet. There was a finding of risk of neglect due to a DVO case between myself and the child's mother, my girlfriend. We have since resolved our issues, and have had no issues at all since the start of this case. I have complied with the case plan... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2025

Yes. They can do that although they are really not supposed to. You should hire a lawyer and file suit for custody of the child.

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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I feel like I’m being mistreated in court and I need to see if so before I go any further

So my boyfriend and I have been together 5 years And share 5 kids. 1 from my past relationship 1 with him and him with 3 others from 2 previous relationship. He and both his ex wife and him have known drug past. 3 years ago he had been clean and long story short he passed every drug test from... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2025

You need to file a petition for custody and get her guardianship set aside as fraudulent.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Kentucky on
Q: If there is court for a parent pressing out of control charges on their child, does said child need to be at the court?

Parent is lying to CPS saying that the child is out of control. Parent is saying that they already had court but nobody has said anything to the kid.

Timothy Denison
Timothy Denison
answered on Jan 21, 2025

Child has to be present at court as well.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My kids grandmother came and got my kids that were with my sister when I went to jail and took them to the social worker

And the kids said all kinds of stuff about my sister and when I got out of jail I had to talk to social worker and they said they thought it was best if the children stay with her but I was not given nothing saying they legally had to stay with her no paperwork of any kind I just don't see why... View More

Timothy Denison
Timothy Denison
answered on Jan 14, 2025

You need to file a petition for custody in the county in which you or the children currently reside.

2 Answers | Asked in Family Law, Civil Rights and Child Custody for Kentucky on
Q: How can I fight for my kids back when the judge who terminated my rights is no longer a judge an I wasn't given a chance
Timothy Denison
Timothy Denison
answered on Jan 13, 2025

You try it in front of the new judge. Great start. New chance.

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1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Kentucky on
Q: Can dcbs remove my child without warrant or judge signing and refuse to let me have contact for 4 months
James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Generally, child protective agencies need legal authority, such as a court order, to remove a child from your home. However, in emergencies where a child’s safety is at immediate risk, they might take action quickly to ensure... View More

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I need advice on what to do, my boyfriend and I have an18 month old toddler , I want to move to Florida with my son

He’s threatening me that he’s gonna take my son away from me and I can leave , how can I proceed what can I do if he doesn’t let me move to Florida from Kentucky with my son , we aren’t married, I’m a SAHM I don’t have any income , what can I do , I want to leave him and move with my... View More

Timothy Denison
Timothy Denison
answered on Jan 3, 2025

You will need to file a custody action where you live to determine what the parenting schedule is going to be. You should also advise the court of your desire to relocate to FL with the child..

2 Answers | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Kentucky on
Q: Can ky dcbs remove my child without a warrant or judge signing and refuse to let me see her

Dcbs removed my child without warrant or judge signing I haven't seen her in 4 months they won't let me they placed her were she got sexually abused at

Timothy Denison
Timothy Denison
answered on Dec 20, 2024

No. Only the police can remove a child if there is a clear and present danger to the child.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Do me and my husband even have a chance to win this custody battle?

Our kids were taken from us about 3 years ago because we didn't have home and we were using. We've had a CPS case open for about a year now but the people that have my children refuse to let us see them or speak to them and now they are trying to fight us for custody we've done... View More

Timothy Denison
Timothy Denison
answered on Dec 16, 2024

Yes. You have a chance. You’ll need to hire the best family court trial lawyer you can find.

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