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Kentucky Family Law Questions & Answers
1 Answer | Asked in Family Law for Kentucky on
Q: can I move out at 17 about to be 18 with out parents permission

I am 17 ,I’ll be 18 in July but my mother abuses marijuana and allows My 14year old brother to smoke it, my mother also verbally abuses me to the point where it can end up to a fight and she tries to blame it on me. she has full custody but I need out of here and I can no longer take her abuse... Read more »

Timothy Denison
Timothy Denison answered on Apr 4, 2020

No. Not unless your mother allows it. Otherwise, you’ll have to wait until July, at which point you’re able to do anything you want to do and go wherever you want to go without interference from anyone.

1 Answer | Asked in Family Law for Kentucky on
Q: Is it illegal for a 19 year old to slap a 14 year old in the face even if they are family?
Timothy Denison
Timothy Denison answered on Mar 29, 2020

Yes. It is a misdemeanor assault.

1 Answer | Asked in Family Law and Child Support for Kentucky on
Q: My wife's ex is suing for $10000 for child support. It was already proved she only owes $1000. Is this perjury in court?

This case was already settled through a mediator that she only owes $1000. She hasn't paid yet because she was out of work. Now he is trying to take her back to court for the $10000 that claims she owes him. My wife has documentation to prove what she has paid.

Timothy Denison
Timothy Denison answered on Mar 28, 2020

It’s probably not perjury per se but it is frivolous if in fact there is an agreement that she owes $1,000. Contact a competent divorce lawyer who can help her get this resolved.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Family Law for Kentucky on
Q: Can cps remove kids with no paper work or no police just because someone called and said they think there is drugs

Left first time they came and then come back 3 days later and said they was taking the kids and could only jave supervised visits cause we was a danger to are kids but left them with us 2 hours while they went somewhere and had my cousin drive the kids never said anything about a drug test or... Read more »

Timothy Denison
Timothy Denison answered on Mar 26, 2020

Yes, they can.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: mom files for divorce and ask for 50/50 custody and gets it.children live with dad.

through a CPS investagation mom lost parental rights for refusing drug test..mom files for divorce but does not tell she lost parental right so therefore gets 50/50...what can dad do about getting it changed...divorce is final

Timothy Denison
Timothy Denison answered on Mar 26, 2020

Reopen the divorce and advise the Court of her loss of rights.

1 Answer | Asked in Family Law for Kentucky on
Q: I have an open case with ky cps. I had unsupervised visits until a week ago due to the COVID-19. What can i do?

I had unsupervised visits with my kids until the COVID-19 outbreak. The cps worker called and said that my kids attorney said we can no longer have unsupervised visits until the kids go back to school. But the Governor doesn't even know when that may be. Can I beat this and just get back full... Read more »

Timothy Denison
Timothy Denison answered on Mar 21, 2020

Yes. Family should be reunified!!

1 Answer | Asked in Family Law and Tax Law for Kentucky on
Q: My girlfriend and the father of there kid filed there taxes together but now the father is not willing to give the money

It was agreed and have messages

Timothy Denison
Timothy Denison answered on Mar 19, 2020

Then you’ll have to go to court to get it unless you have any way to offset it.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Do I absolutely need to let my kids go to visitation? With all this covid-19 going on I'm nervous about them traveling.

With all of this happening do I need to send my kids. My town has no cases of the virus but where she is going to take them has a few cases in the town so I'm worried about sending the kids.

Timothy Denison
Timothy Denison answered on Mar 18, 2020

Really depends on the terms of your parenting schedule but the answer is likely yes, they still have to go.

1 Answer | Asked in Family Law and Criminal Law for Kentucky on
Q: Info on type and how to file motion in Circuit to allow county inmate to apply in person for marriage license.

KY requires both parties present in person to obtain marriage license. Fiance is currently incarcerated, not yet sentenced. Judge stated we could file a motion to obtain the marriage license. Only information I can find online is motions for civil matters. Need info on what kind of motion to file,... Read more »

Timothy Denison
Timothy Denison answered on Mar 11, 2020

File the motion in her circuit court case, send a copy to the prosecutor. The circuit judge has jurisdiction to grant the motion.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: My ex got full custody in 2016 in Kentucky. He was ordered by CPS to make other living arrangements

He sent our child to Ohio and signed a caretaker affidavit for his mother. We just found out because he hasnt allowed any contact . My child has been there since July 2019. I am going for custody and need to know if Ohio has jurisdiction now.

Timothy Denison
Timothy Denison answered on Mar 11, 2020

Unless something has been filed there, jurisdiction remains in Kentucky.

1 Answer | Asked in Family Law for Kentucky on
Q: Can a dna test be done without the fathers dna? My fiances ex had the test done without his dna but came back positive.

Just today my fiance was informed by her lawyer that she had the dna test done and that the child is his. I find this fishy considering he never gave her his dna and she never mentioned to him at all that she had the test done and that the child is his. He had to find out through her lawyer. Is it... Read more »

Timothy Denison
Timothy Denison answered on Mar 10, 2020

Not unless you have markers from his immediate family members instead. Highly unlikely.

1 Answer | Asked in Family Law and Juvenile Law for Kentucky on
Q: can I leave my home if I’m 16 and live with someone else if I make good grades, get a job, and prove I’m safe?

I’m 16, going to be 17 in November. I’ve been researching for months but not many answers. I want to live with someone else other than my parents that adopted me, without going back into foster care. I make good grades, I haven’t been suspended or even had a detention in 3 years. I don’t... Read more »

Timothy Denison
Timothy Denison answered on Mar 8, 2020

You can live somewhere else with your parents permission. Otherwise, you’ll have to wait until you reach legal age.

2 Answers | Asked in Child Custody and Family Law for Kentucky on
Q: what would it take to get my parental rights back and regain custody of my children

lost custody of my kids do to a lie that my neighbor told the police and the courts never gave my mother the chance to get my kids after being told that they sent and interstate transfer to Frankfort Kentucky. Then I had complete my parenting plan and the judge throw it out and the next thing I... Read more »

Timothy Denison
Timothy Denison answered on Mar 5, 2020

Highly unlikely that any adoption can be overturned.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Kentucky on
Q: I had been with my now ex husdand 17 years I was a stay at home mom he wouldn't let me go to work, that was being abuse

I left him took my kids with meme when I left 2 days of being gone he picked the kids up from school early and has had them since . I tried filling protect order for them but it didn't go through bc of his friends that are court clerk an co. Attorneys the only set up a court date. Went to court... Read more »

Timothy Denison
Timothy Denison answered on Mar 4, 2020

What is your question?

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Kentucky on
Q: Can I have a divorce overturned
Anna Aleksander
Anna Aleksander answered on Mar 4, 2020

Must have valid grounds for setting aside a divorce. To set aside you must attack the validity of the judgement. Not enough detail provided here to answer your question. Consult with a lawyer for additional options. For example in KY you can have a divorce annulled.

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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Is it legal on illegal for cps to come in your home and take your kids out your care without a court order or cops

No evidence really just said accusations of drug use and instability

Timothy Denison
Timothy Denison answered on Mar 2, 2020

They can do that if they have an emergency custody order it determine that they are in a dangerous situation.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My ex husband moved 10 hours away leaving my son's with their grandma. She has power of attorney. Can I override this.
Timothy Denison
Timothy Denison answered on Mar 2, 2020

You can unless husband has sole custody and then the answer is no.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: 6yo shared 50/50, her dad moved out of state wo telling anyone & has had no contact - how do I go about filing for sole

He hasn't initiated contact in over a year or seen her in over a year. I only know he moved because his family told me. I don't have any contact info except for where he might work. He deleted all social media. I can't afford a lawyer and I don't know what to do, but the possibility of him trying... Read more »

Timothy Denison
Timothy Denison answered on Feb 28, 2020

File a motion for sole custody in the divorce action. You will have to give husband notice.

1 Answer | Asked in Family Law and Juvenile Law for Kentucky on
Q: I’m 16 years old and live in scottsville ky I want to be emancipated but don’t know how to go about it

I currently live with my aunt and my mother passed away 3 and a half years ago and I don’t really know my dad , I have personal reasons for why I want to be emancipated how would I go about it ? And is there anyone that could help?

Timothy Denison
Timothy Denison answered on Feb 28, 2020

You should go to the clerks office at the courthouse and ask them for forms such as a petition for emancipation. Fill it out, give notice to everyone and ask them to set it for a date certain.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Petitioning for custody of my son in another state.

Custody of my son was given to his father about 6 years ago. They live in Kentucky and I live in Ohio. Custody was determined in Virginia as that is where jurisdiction was for my son at the time. I was going through a difficult time being a single parent and my oldest son bit my youngest son on the... Read more »

Timothy Denison
Timothy Denison answered on Feb 27, 2020

Likely jurisdiction is now in Kentucky since the child has been there more than six months. You will have to come to Kentucky to litigate it or go back to Virginia to reopen.

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