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Kentucky Family Law Questions & Answers
1 Answer | Asked in Family Law for Kentucky on
Q: What can I do if a judge has restricted my parenting time and no evidence of their well-being in danger with me
Timothy Denison
Timothy Denison answered on Jan 18, 2020

Ask judge to reconsider and/or appeal to the higher court.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: can custody trial start before discovery has been done?Is there discovery for motion to intevene

the mother has alienated these children from me and refused court orders just to keep the girls away from me. the mother of the children is in prison, serving 14 years. The mother sent the girls to FL with her mom, who had filed motion to intervene and also limits my time with the kids

Timothy Denison
Timothy Denison answered on Jan 18, 2020

You should be able to conduct discovery well in advance of any trial date.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: If I had a Kentucky DVO issued against me how is that listed on my record? How long is it on my record?
Timothy Denison
Timothy Denison answered on Jan 17, 2020

It is listed as a civil order. Indefinitely.

1 Answer | Asked in Family Law and Probate for Kentucky on
Q: mother died she had a will leaving everything to her children...my step siblings decide that wasn't fair and

renounced will for my stepdad who has dementia..now they want money from me and my siblings that we don't have

i should say that my mother and stepdad both had their own money and property before marriage. i understand he gets all stuff that was in both names, but why should he get part of... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

He has that right under the Kentucky statutes because they were still married. Unfortunate and inequitable.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: I currently have equal joint custody but if I get primary custody of my child do I pay child support?

And what are the chances of going from equal joint custody to primary custody as a father? I live in Kentucky and my child’s mother lives in Minnesota so I only see her for the summer and holidays but she refuses to let my daughter live with me and my current wife. I have proof by voice message... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

If the child has lived in Minnesota for more than six months, the custody action will have to be litigated in Minnesota pursuant you the Uniform Child Custody Jurisdiction Act. As for the support of you are successful, whether you pay will be determined by who earns the most money.

1 Answer | Asked in Family Law and Child Support for Kentucky on
Q: I was court ordered while incarcerated to support a child who is not mine. I was unmarried and name still not on birth

How can kentucky enforce support on me while I was incarcerated when we were not married and there was no paternity test or acknowledgment of paternity signed? My name is still not on birth cert. The child is not mine, she just gave him my last name

Timothy Denison
Timothy Denison answered on Jan 16, 2020

You should hire a competent family court practitioner and have them evaluate this immediately.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If you sign paper work saying you wish not to get back child support and change ur mind how does that work
Timothy Denison
Timothy Denison answered on Jan 16, 2020

Depends on whether you received any benefit in exchange for signing the paper. If you did, may be hard to collect. If you did not, then you can rescind it.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Kentucky on
Q: I am in Oregon. My daughter is 17, in Kentucky. She is a status offender, CPS is involved for abuse inquiry.

For a couple of years my daughter has been in and out of trouble at school and home (promiscuity, unruly behavior, possible drug use, sneaking out.) In November, she was diagnosed with severe depression, anxiety, and PTSD and prescribed prozac, which she has since run out of and it has not been... Read more »

Timothy Denison
Timothy Denison answered on Jan 10, 2020

You should file a motion for change of custody in the county in which she resides in Kentucky. They would certainly let her live with you prior to placing her with DJJJ.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can he press parental alienation against me?

I want to move out of state with our 3 children prior to a divorce and have told him he has all rights to see his children. He wants to charge me with parental alienation even though I am more than willing to drive the children all the way to him. Can he keep me from moving where I want to within... Read more »

Timothy Denison
Timothy Denison answered on Jan 9, 2020

No. He cannot.

1 Answer | Asked in Family Law for Kentucky on
Q: I was given Defacto guardianship two weeks ago + a court date the child's father is in jail but currently has full temp

Custody. Is there anything I can do to bring the child home now?

Timothy Denison
Timothy Denison answered on Jan 7, 2020

Petition the court for temporary custody due to the fathers incarceration.

1 Answer | Asked in Family Law and Child Support for Kentucky on
Q: My wife was arrested last night on child support warrant but it's coming out her check why was she arrested
Timothy Denison
Timothy Denison answered on Jan 5, 2020

No way to know why ahe was arrested without seeing the file, but I would go to the clerks office, look at that file, and ask that question.. she will likely have a court date very ion where that question may also be answered.

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: If I sign gardianship to the father of my kids what happens to my dcbs case?
Timothy Denison
Timothy Denison answered on Jan 1, 2020

Nothing.

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: What happens to my dcbs case if I sign my rights over to the father even if we are still together in a relationship?
Timothy Denison
Timothy Denison answered on Jan 1, 2020

It is very doubtful that the Court will allow you to terminate your parental Rights absent someone to adopt the child. In the unlikely event termination occurred, the dcbs case probably gets dismissed.

1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: It has come to my attention that my 12 year old sister is being abused by her father how do I get her out

She is 12 years old and he makes her let him watch her shower in detail and if she denies him he physically punishes her and hasn’t giving her outside contact until I picked her up for Christmas break I noticed she had cuts on her wrist and come to find out she is self harming herself to get out... Read more »

Matt Schalk
Matt Schalk answered on Dec 31, 2019

Contact law enforcement and/or the Cabinet for Health and Family Services, immediately.

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

Major story behind our divorce following child custody situation. I'm a young mother 25 this day. I was about 20 when we got married divorced by 21. Our marriage was happened because my ex wanted to become a pastor. Not because he loved me. (You know in order to do so you have to be married.) So he... Read more »

Timothy Denison
Timothy Denison answered on Dec 29, 2019

What is your question?

2 Answers | Asked in Criminal Law and Family Law for Kentucky on
Q: My child got a medical needs trust and her father was over he missed used the funds within a year .

I spoke with the judge over it she sent him a subpoena u think she is taking it serious?

Timothy Denison
Timothy Denison answered on Dec 23, 2019

Yes. The real question is why did he have access to the money and why wasn’t it in a blocked account.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: My son’s (4 months old) biological father has filed petition to voluntarily terminate his parental rights.

I receive state assistance currently; therefore, it is not me going after child support — it’s the commonwealth. I am in school and my son has to have a medical card and daycare for me to do school. I am not going to contest his petition, as he is very toxic and never wanted our son. A GAL is... Read more »

Timothy Denison
Timothy Denison answered on Dec 23, 2019

Highly unlikely he is allowed to terminate parental rights to avoid support.

1 Answer | Asked in Family Law for Kentucky on
Q: If i am pregnant and i dont know who the father is, does the possible father have the right to as for a paternity test?

the right to ASK for a paternity test*

Timothy Denison
Timothy Denison answered on Dec 22, 2019

Yes. He does.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: If my children have been living with me for 6 months is custody automatically mine?

They were born in TN. Their mom was homeless so they moved in with me in the summer. They have been enrolled in school here since the start of the school year. We did not go to court just made the decision to stay with me. I am on child support and she has still been receiving it even though they... Read more »

Timothy Denison
Timothy Denison answered on Dec 17, 2019

No. You will have to go to court and get an order awarding you custody.

1 Answer | Asked in Family Law for Kentucky on
Q: How long do I have to stay and wait at the meeting location for my ex to pick up the kids for visitation with the kids.
Timothy Denison
Timothy Denison answered on Dec 13, 2019

If your agreement does not specify a time. The generally accepted wait time is 30 minutes.

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