Kentucky Questions & Answers by Practice Area

Kentucky Questions & Answers

Q: I have parental rights, my late finances family has custody of my kids. They wont let me talk or see kids

1 Answer | Asked in Child Custody for Kentucky on
Answered on Sep 18, 2017

You would need to look at any orders the court has issued related to your children to know if anyone is in contempt. You are always able to file a motion with the court to address contact and visitation with your child. You should contact a local attorney to discuss your options.
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Q: Mom wants to leave her house to we three children, stipulating that it can then only be sold if all three agree.

1 Answer | Asked in Estate Planning for Kentucky on
Answered on Sep 18, 2017

There ARE ways to insure this happens as you've described. It will not be possible with a 'simple' gift however. Your MOTHER (assuming she owns the house as her sole property) should consult with a local estate planning lawyer to determine what combination of ladybird deed, trust and/or will needs to be used and how it can best protect her during her lifetime, and also pass the property to those she wants to receive it after her passing. I'm not sure what KY law allows so it is VITAL that you...
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Q: Asking for my brother need advice asap

1 Answer | Asked in Child Custody for Kentucky on
Answered on Sep 13, 2017

So long as his parental rights have not been terminated, the father can file a motion for custody and parenting time. I would expect a lot of push back and if the court is inclined to start reintroducing the father to the child, I would expect it to go through a therapist. The father is going to need a lot of patience and understanding. Contact a family law attorney in the county where the child has resided for a consultation. Best of luck.
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Q: Who would I need to contact to get a case moved from Florida to Kentucky?

1 Answer | Asked in Family Law for Kentucky on
Answered on Sep 13, 2017

If the child is in Florida, and the State of Florida is taking some action to put the child in State custody, you need a lawyer in Florida as soon as possible. I am not licensed to practice law in Florida, so I couldn't say for sure, but I would not expect that you can simply "transfer" the case to another state- you are probably going to have to go to court there. Consult a Florida lawyer immediately.
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Q: Can I take legal action against the car manufacture for injury?

1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for Kentucky on
Answered on Sep 11, 2017

Probably when you settled with the other driver you signed a release stating you release all others. Also check with the lawyer who represented you to see if you have an underinsured motorist claim.

However as to airbags if the crash was not directly head on but more than 7 degrees off of top dead center airbags won't go off.
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Q: My parents have temp custody of my three kids, and they will not let me nor the mother see them or get them at all

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Answered on Sep 9, 2017

You need to talk to a local family law attorney. You can always file a motion to address parenting time and contact with your children even if you do not want to change legal custody. What county is the court that granted the temporary custody?
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Q: Hi. I am looking at the trademark OTHELLO. I was wondering if the trademark applies only to the stylized word "OTHELLO".

1 Answer | Asked in Trademark for Kentucky on
Answered on Sep 7, 2017

There are at least ten live trademark registrations for the mark OTHELLO as used with a variety of goods and/or services. At least a few of those are for the word itself, without any stylizing. In any event, the real question you need to address would be whether or not there is a reasonable likelihood of confusion in the eyes of the consumer. This question hinges on both how similar the marks are and how similar the goods and/or services are. The more similar the goods and/or services, the...
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Q: my 13 year old sister wants to live with my husband and I. Can I get custody of her since I'm not the mother?

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Answered on Sep 1, 2017

What county do you live in and what county does your sister live in? You should contact a local attorney to discuss all the relevant facts. It is possible but depends highly on a number of specific facts.
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Q: Do you have to file and go to court in the state the child lives in?

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Answered on Aug 21, 2017

You will likely need to file in the state and county where the child has resided for the past 6 months.
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Q: If my dog bites a kid while they are both in my yard can I get in trouble?

1 Answer | Asked in Animal / Dog Law and Personal Injury for Kentucky on
Answered on Aug 18, 2017

It appears that Kentucky is a strict liability dog bite state as follows:

(4) Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.

This means that a dog owner can be liable for a dog bite to a child or adult even if the dog had not been vicious before. There are some exceptions to this rule in many states. For instance, if the person is a trespasser, this can be a defense to the case.

If a...
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Q: Trying to determine who is at fault in police report.

1 Answer | Asked in Civil Rights, Car Accidents and Traffic Tickets for Kentucky on
Answered on Aug 16, 2017

Not enough information. Best plan is to get a private lawyer, or a public defender, to sort it out.

Plus, this is a police report, which is NOT an admissible piece of evidence. It is a report, after the fact, stating the hearsay "versions" of both sides. If you feel you are not at fault, fight the charges.
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Q: Can my landlord keep merchandise I rented from Aaron's? I live in Kentucky .

1 Answer | Asked in Products Liability and Landlord - Tenant for Kentucky on
Answered on Aug 13, 2017

Not is Aaron's is the owner. Tell Aaron's and their lawyers will get it back. If asked to do so, join in Aaron's lawsuit against the Landlord.
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Q: Hi My license will be revoked here in the state of kentucky, in about a month. My question is..if I move to another stat

1 Answer | Asked in DUI / DWI for Kentucky on
Answered on Aug 10, 2017

Once you are suspended or revoked in one state, other states will almost always FIND this on their national computer database. The National Driver Registry and other tools are in place to FLAG and deny you a license elsewhere. See this Wikipedia link:
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Q: Can the father of my daughter get full custody because I don't have a job or house because I just moved.

1 Answer | Asked in Child Custody for Kentucky on
Answered on Jul 24, 2017

The ability to provide for your child is a very relevant factor the court will consider. However, those two facts alone are likely insufficient to justify awarding sole custody. The reasons why you do not have a home or job are much more important than the temporary fact that you may have neither. You should consult a local attorney in the county where your case is pending or where it will be filed so you can discuss all the facts of your situation.
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Q: Worker's comp is denying further treatment and nothing has been solved. What do we do?

1 Answer | Asked in Personal Injury and Workers' Compensation for Kentucky on
Answered on Jul 21, 2017

Unfortunately, the worker's compensation system in most States limits care and is set up in the manner to save money rather than to provide reasonable and necessary care to injured workers. You need to speak to an attorney who will better advise you as to your rights, remedies, and recommended courses of action. While this forum is a good one for general advice, there is no substitute for having an attorney as your advocate on a worker's compensation case.
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Q: What is the latest date a party can submit a motion in limine?

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Answered on Jul 21, 2017

Why not ask your lawyer? Short answer is that you can respond that the motions are untimely filed, do not comply with the rules, and should be stricken. That being said be prepeared to respond to what the motions say as a judge may decide to consider them nonetheless.
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Q: The air bag on my car exploded for no gave me a I have a lawsuit?

1 Answer | Asked in Car Accidents, Personal Injury and Business Law for Kentucky on
Answered on Jul 18, 2017

Possibly. Contact a member of the Ky. Trial Lawyers Assn that handles product cases.
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Q: If we pay support to ky but are behind, if we move to florida will my fiance be arrested for failure to pay?

1 Answer | Asked in Child Support for Kentucky on
Answered on Jul 17, 2017

You really need to talk to a KY or FL attorney. Laws are different in each state. In CO, you are not going to be arrested for not paying support, but could go to jail after a contempt of court hearing if you are found to be in contempt for not paying support. You could also be arrested if you are served with contempt papers, fail to appear, and then a warrant is issued.
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Q: I live in TN & my son lives in KY. Child support is set up in TN.

1 Answer | Asked in Child Custody for Kentucky on
Answered on Jul 5, 2017

You need to locate the mother and serve her with a petition to enforce your parenting time and to establish a set schedule. You could file the motion in the court that made the initial decision or where mom and child are living now. You should discuss the matter in detail with a local attorney to come up with a plan.
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Q: My father had major stroke in2000 leaving left side paralized, issues with sight ,and etc. My mother died2001.At time of

1 Answer | Asked in Probate for Kentucky on
Answered on Jul 5, 2017

You have said four things that give me pause:

1) "somehow in 2007 was changed"

it sounds like you are implying there was some undue influence or lack of capacity ...

This is a VERY difficult thing to prove and you need to jump on that two years ago!

2) "comes up for final settlement oct/nov 2017."

That doesn't give you much time, and frankly, your deadlines may have already passed. Seek local help from a well seasoned Probate attorney to insure you have...
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