My girlfriend and I are considering marriage. There is a clause in her divorce stating she may not have overnights with a paramour while the kids are around. After marriage, would I (her then husband) still be considered a paramour?
answered on Jun 1, 2023
There are two generally accepted definitions of a paramour, neither of which would apply if you marry your girlfriend.
One definition--occasionally used in family law situations--is the illicit romantic or sexual partner of a married individual. Sometimes, in divorce proceedings, a divorce... Read more »
NF who is her son did not technically sign him into school this year. His grandma and her husband did, they signed above the parent/guardian. Childs father signed above the other. Im not forsure what he signed for. Question is , Bc of them standing as De Facto custodian, could they do this? Every... Read more »
answered on May 15, 2023
I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.
In general, if there has... Read more »
Father is not on BC, No action has ever been through courts, ive never signed anything. Minor as loved with GP since he was 16mnths, I’ve kept contact over the years even written notes for doctors and take phone calls from hospitals giving permission to his PGM to be the one with him while they... Read more »
answered on May 15, 2023
I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.
In general, if there has... Read more »
Wife filed a DVO four months ago.
And decided to tell me she wants me back home and doesn’t want to divorce. We have a newborn together as well. She brought me home recently in the hopes it would be amended.
Turns out judge said no.
Can there ever be a random search for... Read more »
answered on May 1, 2023
You are violating the DVO by returning home before it is amended. If anyone reports it or if the police are called and find you there, you will likely be arrested and charged with violating the dvo. You should go somewhere else to stay, hire a lawyer to get the dvo amended, and not have any... Read more »
How is it she is entitled to get that money back if i have to buy her half out if it not a marital asset. That makes absolutely no sense whatsoever. It was his house,he sold it,even if her name was on it or it was gonna be left to her in his will. If inheritance cant be shared by divorcing spouses... Read more »
answered on Mar 20, 2023
It is possible to make an argument that the down payment was a gift to the marital estate. However, if dad testifies that this was not the intent, the check was made out to daughter only not to daughter and husband, it is likely non-marital. Inheritances are usually non-marital and separate... Read more »
We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... Read more »
answered on Feb 26, 2023
She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you... Read more »
Kids in question are 16,14 & 13
answered on Feb 23, 2023
Hello,
If you already have an open custody case, you will need to file a motion requesting the Court to enter an order prohibiting the kids from moving out of state.
If you do not have a custody action open, you will also need to file a petition, then the above mentioned motion... Read more »
She gave birth on cocaine,courts placed kids with us.She skipped all court.Years later taking me to court for custody.Failed to mention she and her mother lied to hospital saying kids lived with ME to get baby released.They both skipped court.Now I pay a lawyer for court she’s dragged me into as... Read more »
answered on Jan 2, 2023
Yes. She can take you to court if she is the mother of the children. Yes. It is legal. If her request is denied or determined frivolous, you could be awarded your attorney fees insured.
answered on Dec 31, 2022
File a petition for emancipation in the district court of the county in which you live.
She came to the usa in 2019 on a K1 visa, we were married and applied for adjustment of status, we received a deny notice in April 2022 due to previous visa fraud issues on her part which I was unaware of, in September 2022 we received final denial of her AOS, once I explained to my wife what our... Read more »
answered on Dec 5, 2022
Ideally you should hire an attorney who practices both immigration and family law. This way the attorney will be able to make sure the grounds for the divorce are appropriate (limiting your wife's ability to sponsor herself for a green card) and protect you as to any potential spousal support... Read more »
What happened to the second time you violate any Epo ? Does it turn into a felony?
answered on Dec 4, 2022
In Kentucky, violation of an EPO constitutes contempt of court which is prosecuted as a Misdemeanor A (can be jailed up to 365 days on conviction). There is no enhancement of this misdemeanor penalty to felony.
force her to leave.dose she have any clame on the house
answered on Nov 26, 2022
Depends on how title to the property is held; whether daughter has contributed any money to the house over the 20 years. She most likely has a claim of some degree that can keep her there. She needs to talk to a lawyer immediately.
There is a DVO in effect, Should I be worried for an arrest ? This happened 3 days ago . Or how does a complain work ?
answered on Nov 25, 2022
Doubtful anything will come if it as you did the right thing by going the other way when you saw her. That is the advice judges usually give when issuing a dvo. If there was no contact nor communication, you should be safe.
other parent is not following orders given by the court. Any other motions I should file? Please provide the court form number if possible, want to make sure all the paperwork is correct.
answered on Nov 20, 2022
File a motion for contempt in the clerks office setting out the violations. Mail a copy of it to the other party. Appear at the date snd time the clerk gives you when you file it.
other parent is not following orders given by the court. Any other motions I should file? Please provide the court form number if possible, want to make sure all the paperwork is correct.
answered on Nov 19, 2022
File a motion for contempt and cite the order the parent is violating. You can find any available self help forms online on the Kentucky website. You can also visit the Jefferson county family court clerks office and request the same.
If a mother lists a father on her baby’s birth certificate, will she be able to appoint her adult son as guardian of the child if she were to die and not allow the father to have guardianship…or would she have to leave the father off the birth certificate to do so?
answered on Nov 6, 2022
Whether you list the father on the bc or not, it will not preclude the father from bringing an action to establish paternity or custody if he so chooses. Listing your adult son as guardian is fine if it it not contested, but it will not take precedence over a Circuit Court custody order.
We have always been on mutual terms and I have paid my share of health and wellness and provided necessities for the child.
answered on Nov 6, 2022
If you have been paying child support to the other parent, ensure you have statements of proof (bank statements, money transfer app statements, etc). A parent is finically responsible for their child. CPS involvement does not change that.
My child has provided evidence to me showing unsafe living conditions. My child routinely has to ask me for money for basic needs despite me paying child support to the other parent. My child is now expressing he wants to live in my home because he feels completely unsafe. I do not want to take... Read more »
answered on Nov 6, 2022
If your child is in an unsafe or dangerous living environment, report those concerns to CPS. Obtain a lawyer. File a motion in circuit family asking for change in parenting time and/or suspension of time for custodial parent if dangerous conditions.
I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.
I was hoping to he able to move... Read more »
answered on Sep 25, 2022
No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.
answered on Sep 13, 2022
If they were never served at all then they had no notice of the restrictions. If they have a prior EPO or DVO that has restrictions in place and they violated a warrant can be issued for their arrest based on a new criminal charge of violating an EPO/DVO. An EPO or DVO by itself is a civil case but... Read more »
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