Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

2 Answers | Asked in Child Custody and Family Law for Kentucky on
Q: How can I enforce visitation rights if the mother moved the child out of state without permission?

I have a court order for child visitation, but the mother moved the child out of state without permission and does not allow me to visit. There are no existing legal agreements about visitation when the child is out of state. I am considering taking legal action. How can I enforce the visitation... View More

Timothy Denison
Timothy Denison
answered on May 23, 2025

File the motion for parenting time in the court that originally ordered the visitation and send her notice to rough the Kentucky Secretary of State.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Can my visitation rights be terminated due to my boyfriend's dropped charges?

I am the mother of a 12-year-old son, and my ex has custody with me having visitation rights. My boyfriend was accused of having sex with a minor, but these charges were dropped after an official investigation found them to be untrue. The accusation stemmed from my other child. My ex is aware of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

You're right to be concerned, but dropped charges—especially when the investigation showed they were untrue—don’t automatically lead to the loss of visitation rights. Courts focus on what's in the best interest of the child, and that means they look at actual evidence of harm or... View More

2 Answers | Asked in Child Custody, Family Law and Gov & Administrative Law for Kentucky on
Q: Seeking legal advice for custody battle and CPS issues in KY.

I'm currently going through a custody battle with child services in Pikeville, KY. When I had my son in February, both of us had drugs in our system. He was born at 35 weeks and stayed in the hospital for two weeks due to jaundice and other issues, though he didn't need medication for... View More

Timothy Denison
Timothy Denison
answered on May 15, 2025

Have your paid lawyer file a motion to substitute counsel and file the administrative appeal. Good luck on your next test.

View More Answers

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Kentucky on
Q: Can a 15-year-old testify privately against their father in KY for neglect and abuse?

I'm seeking clarity on whether a 15-year-old child can testify privately against their biological father regarding neglect and abuse due to potential nervousness in a courtroom setting. The case involves revoking the father's custody rights to prevent the child from being forced to return... View More

Timothy Denison
Timothy Denison
answered on May 15, 2025

The child can testify outside the physical presence of the father so long as the father can view the testimony via electronic means as it happens and he can see and hear what is said. There cannot be private testimony where the father is excluded completely as that would violate the confrontation... View More

View More Answers

3 Answers | Asked in Family Law, Civil Litigation and Child Custody for Kentucky on
Q: Grandparent seeks court-ordered paternity test amid CPS concerns.

I am a grandparent, and my daughter falsely listed a man as the biological father of her child to prevent court and Child Protective Services intervention after the child was born with illegal drugs in its system. Child Protective Services is now aware of this false declaration. The man listed as... View More

Timothy Denison
Timothy Denison
answered on May 1, 2025

Go to court in the CPS/paternity case and ask the court for a DNA test, a paternity test and temporary custody of the child.

View More Answers

3 Answers | Asked in Child Custody and Family Law for Kentucky on
Q: What are a grandparent's rights in Kentucky to seek custody of a grandchild placed in foster care?

I am a grandparent seeking custody of my grandchild in Kentucky after my child's parental rights were terminated, and my other child has passed away. I was not notified when my grandchild was placed in foster care. We had limited contact with my daughter due to a rocky relationship and only... View More

Timothy Denison
Timothy Denison
answered on Apr 29, 2025

If your child’s parental rights were terminated, unfortunately, you have no standing to file anything or seek custody of your grandchild.

View More Answers

2 Answers | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: Can I adopt without involving absent biological parents in KY?

I have had permanent custody of a 14-year-old and a 15-year-old for 10 years. The biological father has spent most of his time in prison and was not granted visitation rights. The mother had visitation rights but stopped seeing the children years ago. Can I pursue adoption without involving the... View More

Timothy Denison
Timothy Denison
answered on Apr 14, 2025

No. Both biological parents will have to be personally served as parties to the adoption.

View More Answers

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for Kentucky on
Q: How to structure a legally valid child support agreement deviating from Kentucky guidelines during divorce?

My spouse and I are currently separated, and we are filing for divorce in Kentucky. We have a child custody order from a Virginia court but do not want to include child support in the Kentucky divorce filing. We are both unemployed and actively job searching, and we wish to agree to deviate from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

To structure a legally valid child support agreement deviating from Kentucky’s guidelines, you and your spouse must clearly outline in writing that you both understand the guidelines and mutually agree to depart from them. It’s important to specify why you are deviating, such as your current... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Kentucky on
Q: How can custody arrangements be enforced post-expired DVO?

My boyfriend and his child's mother had agreed that he would keep their child from March 18 until her return from vacation on March 27, due to concerns about the child's discomfort during long car rides. There was a Domestic Violence Order (DVO) that expired on March 4, facilitating a... View More

Timothy Denison
Timothy Denison
answered on Apr 5, 2025

He will have to file a motion in the custody action. Once the dvo expires, it cannot be revived or enforced post expiration.

View More Answers

2 Answers | Asked in Divorce, Family Law and Child Custody for Kentucky on
Q: How can we file for an uncontested divorce and address paternity when I am not the biological father of my wife's child?

I have been separated from my wife for four years, and we are preparing to file for an uncontested divorce. During our separation, my wife had a child with another man last year, but I am listed as the presumed father. My wife resides in Tennessee, and I reside in Kentucky. We both agree that I am... View More

Timothy Denison
Timothy Denison
answered on Mar 31, 2025

You simply need to recite that the child is not born of the marriage and that you are not the biological father and that the presumption that a child born during the marriage is of the marriage has been rebutted.

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.