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Kentucky Family Law Questions & Answers
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 for Kentucky on
Q: My partner bought her daughter, my step daughter, a vape pen. She is only 15 years old. We live in KY. Is this illegal?

I found out from my step daughter that her mother, my partner, bought her a nicotine vape pen. She said she was curious and just asked, and she said ok. For multiple reasons, I have decided to leave the relationship. Personally I am torn on whether or not to report it. I love my child as if they... View More

Timothy Denison
Timothy Denison
answered on Oct 27, 2023

Technically, it is not illegal but I agree it is a poor practice. You are under no obligation to report anything to anyone. If you are leaving the relationship, I would not report it. Looks retaliatory. If this kind of conduct continues, it will come out in the wash anyway.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If my husband put the down payment on our first house is he entitled to all of it back if we divorce in Kentucky?
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answered on Oct 18, 2023

In Kentucky, during a divorce, property division is typically based on equitable distribution, not necessarily giving the full value of the house to the spouse who made the down payment. Various factors, including contributions from both spouses, are considered. For personalized legal advice... View More

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3 Answers | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Do you have to file a response to every motion filed against you?
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answered on Sep 22, 2023

In Kentucky, as in many jurisdictions, you generally do not have to respond to every motion filed against you, but choosing not to respond could have consequences. When a motion is filed, it usually sets forth a legal argument or request that the court will consider. If you do not file a response,... View More

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2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Kentucky on
Q: I have a bench warrant & need to renew my license in Campbell Co. I've secured insurance since. Will I be arrested?
T. Augustus Claus
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answered on Sep 22, 2023

If you have an active bench warrant against you, you run a significant risk of being arrested if you go to a government office like the DMV to renew your license. Bench warrants are usually entered into a statewide database accessible by law enforcement, including the officials who work in DMV... View More

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2 Answers | Asked in Family Law, Child Custody and Constitutional Law for Kentucky on
Q: Whats the point of motion hour?

I know they are a couple different ones but representing yourself shouldnt you have the right to speak on your own behalf? A motion was filed with accusations, i didnt see anywhere that it may have said it was Ex parte? So if I go shouldnt i be allowed to speak at the motion hour before the judge... View More

James L. Arrasmith
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answered on Oct 15, 2023

Motion hour, often referred to as "motion calendar" or "motion docket," is a designated time when a court hears various motions filed in pending cases. The purpose is to manage caseloads efficiently and address pre-trial matters. If you are representing yourself (pro se), you... View More

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2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If I file for divorce, win a major lottery prize & don't claim it until after the divorce...will I have to split it?

Will I have to split the winnings with my ex spouse if I wait until after the divorce is final to claim the prize?

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

Kentucky is a an equity state and a Court would have to determine what is equitable / fair for both parties. If the ticket was purchased and the lottery drawing was during marriage then she would likely be entitled to a percentage of the profits as the tickets were likely purchased with marital... View More

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1 Answer | Asked in Family Law for Kentucky on
Q: My sister had my mother add her and her husband on the deed to my mothers home. My father passed away several years ago.

Is there anything legally I can do if or when she passes away? Thanks

Timothy Denison
Timothy Denison
answered on Sep 4, 2023

You need to do it now. If your mother is disabled or unduly influenced, you need to challenge it while she is still alive. If she made the decision to add the husband of her own free will, then there’s not much you can do.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Does filing first for custody and has physical custody mean that parent will win their custody wants?

Non-married parents. previous case with cabinet but ended with custody returned to both parties, with no parenting schedule. M. has had child majority of time til about 1 year where time was split equal. But we are going to court and I didnt file first and now our child is in his physical custody.... View More

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

No. Filing first simply means you filed first. The custody will always be decided on the merits snd never on who filed first.

1 Answer | Asked in Contracts and Family Law for Kentucky on
Q: If you sign an admission to a hospital for someone using Power of Attorney, do you become personally liable for billing

I am providing POA for one of my children. I am concerned that if I am unable to sign myself into the hospital during an emergency and they sign me in as my POA and I die, will they be liable for any of my expenses instead of my estate

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

No. You will remain the liable party regardless if you signor they dign as POA

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: Decieved about pregnancy girlfriend placed baby up for adoption.

My girl was a surrogate for her sister and husband by artificial insemunation.

Years later was informed it was my child. They all pretended it was a surrogate birth however it was not.

I was purposely lied to because girlfriend did not want to raise another baby.

It's... View More

Timothy Denison
Timothy Denison
answered on Aug 20, 2023

No. You do not have any paternal rights. You. Need to move fast and file a fraud lawsuit against st everyone invoked. Your time starts to fun on the day after you discovered they had defrauded you.

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Kentucky on
Q: If I voluntary give up my parental rights to my kids to their uncle can I still be in there life?

They are staying with their uncle as of now I have a cps case open and only get a hour a week with them would it be better if I signed my rights over so I can work on me

T. Augustus Claus
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answered on Aug 3, 2023

In Kentucky, if you voluntarily terminate your parental rights to your children and the court approves the termination, you will no longer have any legal rights or responsibilities as a parent. This means you will no longer have visitation rights or any say in their upbringing, and you will not be... View More

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2 Answers | Asked in Family Law for Kentucky on
Q: So I was kicked out and I’m 17 can I sign myself out and get money from it like my uncle told me he did
T. Augustus Claus
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answered on Jul 26, 2023

In Kentucky, the legal age of majority is 18, which means that individuals under 18 are considered minors. Minors typically cannot sign themselves out of legal guardianship or make decisions about their living arrangements without parental or guardian consent.

If you are facing a difficult...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: My grandma has custody of my almost 3 year old son. (My parental rights was not taken) Due to poor choices I make, no

Contact has been placed between my son and I (dcbs) I’ve been told my grandma is trying to legally adopt my son, telling her lawyer she doesn’t know where I am or how to contact me, with her doing that can she legally adopt without my consent? How can I go about finding out if a court hearing... View More

Timothy Denison
Timothy Denison
answered on Jul 16, 2023

Go to the family court clerks office in your county, take your ID and ask them to copy a complete copy of the case file in any case in which you are a named party. If she has filed anything to adopt, you will be a party to it and they will be able to locate it for you.

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Kentucky on
Q: Does the “no contact” rule on a DVO only apply to the abuser (the person who committed the abuse)? I’m in KY

DVO issued, he was charged and is sentenced to 2 years in prison.

Leland Hulbert
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Leland Hulbert
answered on Jul 9, 2023

Typically, in a domestic violence order, the abuser can have no contact with multiple people, including significant others and children. People who are victims or not under a no contact order. It sounds like if he went to prison for two years, he was also charged with crimes, which are far more... View More

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2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: Would the husband of a remarried woman with kids still be considered a "paramour" legally?

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?

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody, Education Law and Family Law for Kentucky on
Q: Child lives with grandma for years, this year school told me that they were told I the NM was no where to be found…

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... View More

Todd B. Kotler
Todd B. Kotler
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...
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2 Answers | Asked in Family Law, Child Custody, Education Law and Public Benefits for Kentucky on
Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?

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... View More

Todd B. Kotler
Todd B. Kotler
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...
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1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What happens if my wife brings me home before the judge has ruled on a DVO amendment? Can there be a search warrant?

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... View More

Timothy Denison
Timothy Denison
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... View More

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If me and the wife both own the house,and her dad sold his and put the down payment on it,

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... View More

Anna Aleksander
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Anna Aleksander
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... View More

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