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Kentucky Family Law Questions & Answers

1 Answer | Asked in Family Law for Kentucky on

Q: My child’s father and I were never married, he isn’t on the birth certificate and has never signed anything saying he is

The father. Do I have to have his permission to change her last name

Timothy Denison answered on Jul 16, 2019

You will have to file a name change petition in probate and give him notice of it. If he’s. R er been adjudicated the father, legally he has no right to object.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on

Q: I’m a father of two and my ex will not agree to a fair custody agreement. What steps should I take to get legal custody?

I have two kids with my ex ages 10 and 5 we were never married. I have always taken majority of the financial responsibilities for them like daycare, clothes and shoes, health care, sports and any other extra curricular activities. I also claim them on my tax return we split in 2015 and I picked... Read more »

Timothy Denison answered on Jul 14, 2019

File a custody petition in your county to establish a parenting time schedule. Hire a competent family law attorney to guide you through this. And to ensure you get a fair shake.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Kentucky on

Q: Can I get a protective order for my two boys? And something for me? Should I try to get custody of the kids?

15yr old(lives with me) and 14yr old(live with mom)

Visitation order, Ex has both boys every other weekend and I have them every other weekend from that.

Fri my son was kicked out of his mom's house permanently by her bf. Story is my 15yr old son didn't say hi to him and he thought... Read more »

Timothy Denison answered on Jul 12, 2019

Take a criminal complaint for the bf threatening you and make a motion to modify the parenting schedule in the divorce case.

1 Answer | Asked in Child Support and Family Law for Kentucky on

Q: What can I do about noncustodial parent neglecting medical support orders in Kentucky?

My daughter’s father is supposed to pay 67% of her medical expenses not covered by insurance, but refuses to comply because “I get enough of his money already”. Initially when we went to court, my daughter and I had Medicaid so court ordered that her father add her onto his insurance and he... Read more »

Timothy Denison answered on Jul 12, 2019

Make a motion to hold him in contempt for violating each order of the court.

1 Answer | Asked in Child Custody and Family Law for Kentucky on

Q: If I just recieved a petition for joint custody but was already in the process of moving to another state, what can i do

Never been married

Timothy Denison answered on Jul 12, 2019

Hire an attorney in the state you’re moving from to respond to the petition.

1 Answer | Asked in Child Support and Family Law for Kentucky on

Q: If I contribute to my 401k, is that contribution still considered as income for child support orders in Kentucky?

I am going to be starting a new job soon that will allow me to contribute up to 50% of my pretax income to my 401K, and I planned to contribute the highest amount allowed. Is my 50% contribution still considered income in regard to child support? Or would my child support orders be based on my... Read more »

Timothy Denison answered on Jul 10, 2019

Yes. It is figured on your gross earnings.

1 Answer | Asked in Child Custody and Family Law for Kentucky on

Q: Regarding to (PPLA) of the (DCBS) Question. IF THIS IS DONE IS IT LEGAL? AND IF NOT WHAT CAN BE DONE BY PARENT?

It wasn't documented each (SSW) HEARING AND NEVER DISCUSSED CAN (DCBS) GET INTROBLE OR SOMETHING?

Timothy Denison answered on Jul 7, 2019

You need to hire a local attorney and let him assess the merits of a civil rights action.

1 Answer | Asked in Family Law for Kentucky on

Q: Can foster parents keep foster child from obtaining a Kentucky permit? Aren't they supposed to help better the child?

Timothy Denison answered on Jul 7, 2019

Decision either lies with the foster parents or the Cabinet, depending on who has temporary custody and how it is written.

1 Answer | Asked in Family Law for Kentucky on

Q: By Kentucky law can (DCBS) place child in (PPLA) without any effort made by them to find relitives of child in (OOHC)

Guidelines state that (PPLA) is appropriate only after all efforts are made to find other relitives of child to be placed with.

Timothy Denison answered on Jul 6, 2019

In theory, no. In reality, they do it all the time with no regard for the law.

1 Answer | Asked in Family Law and Estate Planning for Kentucky on

Q: My sons father has passed the insurance company is requiring me (biologic mother) to get legal guardianship how/why

I dont know what it is I need to do but we have no money for court/lawyer

Timothy Denison answered on Jul 6, 2019

They require this to make sure the money is put into a blocked account for the child. You can go to probate court and do it on your own.

1 Answer | Asked in Family Law and Child Support for Kentucky on

Q: My ex wife who receives arrearages just got arrested. Looks like she will get 5 plus years. Am I still required to pay?

I never was late or did not pay my obligated child support payment. My ex wife took me to court but I didn't keep receipts. Dumb move! Well both boys over 18 and she is looking at 5 to 10 years in jail. Am I obligated to pay arrearages since she is in jail?

Timothy Denison answered on Jul 6, 2019

Yes. You are still obligated to pay arrearages.

1 Answer | Asked in Family Law for Kentucky on

Q: What can I do when the father refused to bring the child home when they were suppose to return home?

My sons father refuse to let me pick my child up from his home, while he was at work. I drove there to pick him up, but he told his wife to leave with my child and drove 2 hours away so I wouldn't be able to pick him up. My son's father knew he was suppose to bring him home today and he did not... Read more »

Timothy Denison answered on Jul 3, 2019

Take the police with you to retrieve the child. File a motion for contempt for failing to return the child.

1 Answer | Asked in Family Law for Kentucky on

Q: can i terminate my parental rights

Timothy Denison answered on Jul 3, 2019

Most likely not until it unless there is someone to adopt the child.

1 Answer | Asked in Family Law for Kentucky on

Q: If my children do not want to go to their fathers home every other weekend, do I have to force them to go?

Will I get into trouble for not making them go?

Timothy Denison answered on Jun 30, 2019

Yes. They have to go and you will get in trouble if you do not make them go.

1 Answer | Asked in Family Law and Child Custody for Kentucky on

Q: Can I take my kids from their dad if he is not on their birth certificate?

I have been in the hospital going on 4 months. I have been the sole care taker of my children up until I came into the hospital. Their father has taken care of them while I’ve been in here. I get out Saturday, and their dad is trying to tell me he is not giving them back to me. He is not on their... Read more »

Timothy Denison answered on Jun 30, 2019

Has he ever been legally declared their father? Is there not a document that governs custody of the children?

1 Answer | Asked in Family Law and Child Custody for Kentucky on

Q: What is the guidelines for summer vacation for children?

My sons father is trying to say he gets parenting timewhe it’s my time with him during the summer. He had him for the first part of the summer, he saying he gets every other weekend when he comes back home to me. What can I tell my sons father? He is trying to get me in trouble. I did not get him... Read more »

Timothy Denison answered on Jun 29, 2019

Varies county to county if there is no agreement. If there is an agreement, agreement controls.

1 Answer | Asked in Family Law for Kentucky on

Q: Need help with knowing how much it would cost to file a petition for visitation against the father

The father and stepmom only wants to do supervised visitation and I feel like there ruin my relationship with my daughter

Timothy Denison answered on Jun 27, 2019

File a motion for parenting time in the divorce action or, if no divorce, a petition to determine custody and parenting time in the county where you live.

1 Answer | Asked in Child Custody and Family Law for Kentucky on

Q: If a custody agreement was drafted and signed by both parties, but never signed by a judge, is it void?

Timothy Denison answered on Jun 25, 2019

It is not void, but it is unenforceable unless or until suit is filed on it and the Court adopts it.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Kentucky on

Q: What would my best course of action be? I signed a temporary guardianship of my daughter, a year ago, to my Mother.

Ive been consistently involved in her life the duration of this guardianship. I however, married and was convicted of a domestic battery misdemeanor, because my Husband and I are choosing to do counseling, etc. to recover our marriage.. (My mother doesn't approve) She has now blocked all... Read more »

Timothy Denison answered on Jun 22, 2019

File a custody petition in your county against your mother for return of the child.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on

Q: Can an agency show pictures of a case not related to the being filed about the respondent?

Timothy Denison answered on Jun 22, 2019

Qualified yes, unless the pictures are evidence of a crime or some privilege attaches to them.

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