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Kentucky Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: How long can a child custody case stay open in KY with no pursuit from either parent in over 19 months?

Once paternity was established in April of 2020 and automatic child support issued by the court neither parent has pursued having the custody issued finalized that was initially filed in December of 2019. Will that case still be open or will it have been dismissed/closed?

Timothy Denison
Timothy Denison answered on Jan 27, 2022

The case can stay open as long as the court permits it. Each case is determined on the merits of its own facts.

1 Answer | Asked in Family Law and Landlord - Tenant for Kentucky on
Q: Can my parents kick me out without notice? What are my rights to my property/belongings while in their house?

Turned 18 last September. Living at parents house my whole life. My ID, bank, and mail state their house as my address. Live there rent free. Parents are controlling with "house rules". Same curfew and bedtime I had as kid. I have school and part-time job and they try to control what I... Read more »

Timothy Denison
Timothy Denison answered on Jan 26, 2022

Yes. They can.

1 Answer | Asked in Family Law and Education Law for Kentucky on
Q: Any way to get dvo ammended

Ex wife got dvo based solely on her statement, I stipulated out of fear, depression anxiety, lack of knowledge. No proof of violence other than her word. She got sole custody based on prior dui a few years back.

Timothy Denison
Timothy Denison answered on Jan 20, 2022

If you stipulated to the dvo, it is highly unlikely you can get it amended now.

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Kentucky on
Q: I own a mobile home that sets on my step fathers dads land. My step grandfather passed away about 3 months ago.

My question is, can I move into the mobile home that is legally mine until the probate is done?

I was told by my aunt that the land will most likely go to the state to pay off the rest of his bills from the nursing home.

Timothy Denison
Timothy Denison answered on Jan 20, 2022

You need to check with the executor or trix of the estate and get permission. Otherwise, you may have to move the mobile home as it is considered personal Property in Ky, not real property.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: We have to screen for our CPS case but due to health issues having trouble making it to screen in the three hour time

Frame that is for people that don't have a job and asked if could possibly be allowed to have the nine and half hour time frame that people with jobs have

Timothy Denison
Timothy Denison answered on Jan 20, 2022

What is your question?

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can someone's disability income be considered as there job in a CPS case
Timothy Denison
Timothy Denison answered on Jan 20, 2022

Depends on the purpose for which it is to be used.

1 Answer | Asked in Family Law for Kentucky on
Q: wife has a DVO against me in state of Kentucky I'm trying to sell our house can I speak to her and not go to jail

She has a DVO against me and has put me in jail for violating it so I don't want to go to jail for discussing this information

Timothy Denison
Timothy Denison answered on Jan 19, 2022

Any contact with her is a violation. Let your divorce attorneys hammer it out.

1 Answer | Asked in Family Law for Kentucky on
Q: My 18 year old is still in high school but still lives with us. Are we legally allowed to ask her to move out?

Are we legally responsible for her to live with us until she graduates high school or moves out on her own, or can we tell her she needs to move out?

Timothy Denison
Timothy Denison answered on Jan 19, 2022

You can legally tell her she needs to move out.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If due to health issues and due to conflict of interest over screening facility being related to person screening

Because of the two having issues with each other get approved for a request to be transferred to another facility to test which ended up being in another county place but due to a vehicle breakdown how can you get transferred back supposedly that's the only facility that can be tested at to... Read more »

Timothy Denison
Timothy Denison answered on Jan 19, 2022

What is your question?

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Is CPS allowed to tell your children and their guardian anything about the case if they were told not to tell them

Anything at all. And cause my son to be worried

Timothy Denison
Timothy Denison answered on Jan 19, 2022

Theoretically, no, but whatever they said is likely not actionable.

2 Answers | Asked in Adoption, Domestic Violence and Family Law for Kentucky on
Q: My daughters biological father is mentally unwell. He refuses medication or therapy…was in a domestic dispute around my

Daughter in July of 2021. He has not had contact since, and my daughter has attended therapy and has shown act of ptsd/trauma. She is just under 3. Can I have his rights terminated and/or have her adopted by my now fiancé? Thanks!

Leland Hulbert
Leland Hulbert answered on Jan 13, 2022

You can certainly take this matter to court and ask for sole custody. Terminating his rights against his wishes will be very difficult and typically not done unless a person goes to prison or they are extremely dangerous.

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1 Answer | Asked in Consumer Law, Family Law, Real Estate Law and Business Law for Kentucky on
Q: Me and my wife got married in July. She lived in housing but I never moved in. Now they want back payment. Is this legal

I have leases from other residents showing I did not live there.

Timothy Denison
Timothy Denison answered on Jan 10, 2022

Did you sign a lease on this housing? If not, you owe nothing.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Kentucky on
Q: I was mentally abused by my ex but I did not know what was happening. I can't work can I sue him for loss of income?

I was mentally abused by my ex husband who is a retired military veteran 20 years. We dated for 2.5 years and were married for 25 years and divorced now 7 years. I did not know that he was mentally abusing me till a couple years after I left him. I went through severe depression and almost died.... Read more »

Anna Aleksander
Anna Aleksander answered on Jan 7, 2022

Unless you waived all claims against him In your divorce agreement you could sue him for abuse however if you sue him outside of the family court context you would have to allege a viable claim In tort .. and it would have to fall within the Kentucky statute of limitations which would normally run... Read more »

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: My neph is 17 his girlfriend is preg she called an abortion clinic but he wants to keep the unborn child what can he do

She is ignoring his opinions and his feelings she has already set up an appointment with the clinic they are both minors. What can he do to protect the unborn child

Timothy Denison
Timothy Denison answered on Dec 29, 2021

Not much, really. I suppose you could file an action but generally that sort of thing is largely in the discretion of the mother. Not saying that’s right but merely saying that’s how it usually is.

1 Answer | Asked in Family Law for Kentucky on
Q: If a relative overdoses in your home and your 4 year old son witnesses this happen, can you face charges

Or risk having child removed from home ?

Timothy Denison
Timothy Denison answered on Dec 27, 2021

Possibly yes to both.

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Kentucky on
Q: How to prove harassment?

How can I prove to Kenton county court in KY that my ex husband is mentality harassing me and its effecting the children?

Timothy Denison
Timothy Denison answered on Dec 26, 2021

You’ll need a psychologist or a psychiatrist to review the case and give expert testimony.

1 Answer | Asked in Family Law for Kentucky on
Q: Do I have to take. Drug test when a social worker tells me I have to? Before a court order?

Especially having proof the needle the seen was my grandfather inulin needle. He's a diabetic takes 6 shots a day. And he also said nothing about this on the paper just woke up to a text the next day.

Timothy Denison
Timothy Denison answered on Dec 22, 2021

No. You do not absent a court order directing you to do so.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I have custody of a 17 year old grandson. He has been in court several times for drugs and on probation.

He has just recently returned home from doing 30 days in juvenile detention. He won’t do anything I ask him to do and keeps taking off and staying gone for long periods of time. Even all night. No idea where he is except for where he says he is. What can I do??

Timothy Denison
Timothy Denison answered on Dec 13, 2021

File a beyond control petition in juvenile court

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: What should I do I have tried to keep my social worker involved in my CPS case but have been to no avail in getting a

A response in a timely manner even reached out and tried to get a hold of her through a third party and have been unsuccessful

Timothy Denison
Timothy Denison answered on Dec 12, 2021

Go directly to her supervisor and work your way up the chain.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Is CPS allowed to come to your house when your not there and even though stayed on the porch be allowed to talk to

Your teenage children without an adult present.

Timothy Denison
Timothy Denison answered on Dec 12, 2021

Yes.

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