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Kentucky Questions & Answers
1 Answer | Asked in Child Custody for Kentucky on
Q: I had my daughter while married. He signed the birth certificate but she’s not his can I keep her from him?
Timothy Denison
Timothy Denison answered on Sep 19, 2020

Not without paternity testing and proving she’s not his bc there’s a presumption she is his bc she was born during the marriage.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Does a parent have the right to be in with a 14 year old and the attorney?

Attorney wants son email and personal number to talk to just him. I gave her mines as he is not talking to an attorney without me. He is 14.

Timothy Denison
Timothy Denison answered on Sep 18, 2020

No. Your presence can interfere with the attorney client privilege and may be used against him by calling you as a witness. For the rest of the world your answer is yes, but not with an attorney. If you don’t trust the lawyer you hired, hire another one you do trust.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: can i sale my property before lifetime tenant death if lifetime tenant doesn't uphold responsibilities

My mother is lifetime tenant after her death it goes to me

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

No, you can only sell your remainder interest.. This assumes that there is indeed a life estate/ remainder deed.

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Kentucky on
Q: Can my girlfriend move out and live with me at age 18 with 3 months of school left but will finish up at a different one

Her parents want to force her to stay till shes graduated collage but shes going into the reserves as soon as she graduates were in ky and her parents are trying to force her to keep living with them i need to know if she can move out at 18 and not have the cops called on us by them and her drag... Read more »

Timothy Denison
Timothy Denison answered on Sep 17, 2020

She can leave on her 18th birthday.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: If a defendant is on a surety bond in state case, but arrested and in Federal custody and sentenced to serve out Federal

sentence of 11months, and while in Federal custody in Alabama, misses the Courtdate scheduled for state case Kentucky, and attorney notified the circuit court judge of the reason for inability to appear at court hearing and rescheduled court hearing date set , can the judge issue a failure to... Read more »

Timothy Denison
Timothy Denison answered on Sep 17, 2020

Yes.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: What can happen if someone does not pay a seat belt violation after being issued one in the state of Kentucky?

The ticket was issued more than a year or two ago to an out of state driver. Can it still be paid? Will there be additional fines beyond the $25 since it was so long ago?

Timothy Denison
Timothy Denison answered on Sep 17, 2020

A warrant usually issues. It is possibly that it can still be paid. I’d find a lawyer nearby to look into it do you know you have all the bases convered.

1 Answer | Asked in Uncategorized for Kentucky on
Q: What is an attorney release for HIP?
Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

A Kentucky attorney could best advise, but your question remains open for two weeks. Is it possible you mean a "HIPAA" release? If so, that is a form that a patient must sign before their health information can be shared with others. Good luck

Tim Akpinar

1 Answer | Asked in Juvenile Law for Kentucky on
Q: Im 17, i live with my mom and get mentally abused here. My sister is willing to let me live with her. Could i live with

her without my parents consent?

Timothy Denison
Timothy Denison answered on Sep 16, 2020

No. Not unless the court orders otherwise.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: What do I do to get my ten year old son back from his grandparents?

I have joint custody of a 10 year old. His mother disappeared with him at 2 and despite multiple motions filed, she simply would not show up and the courts said they could do nothing about it. I recently found out her mother has the child now because she went back to drugs and now the grandmother... Read more »

Timothy Denison
Timothy Denison answered on Sep 16, 2020

If you are the only living custodian and the gp don’t have any custodial rights and are not de facto custodians, you can take your court order at any time and go retrieve him. I’d get him into counseling though, bc the retrieval May be a traumatic experience.

1 Answer | Asked in Child Custody and Child Support for Kentucky on
Q: I currently do not have a visitation order for my child. How do I get one? What letter or form do I need to file in KY?

I currently pay child support and have always paid on time.

Timothy Denison
Timothy Denison answered on Sep 16, 2020

You need to file a motion for parenting time in the existing custody, divorce or paternity case.

1 Answer | Asked in Estate Planning for Kentucky on
Q: With trust instrument do you follow? Amended or updated?

My father's living trust instrument was amended in 2000, He later update the trust instrument giving a person rights to occupy with provisions in 2003, which trust instrument do we follow? He passed away in 2004.

Timothy Denison
Timothy Denison answered on Sep 15, 2020

The updated trust.

3 Answers | Asked in Bankruptcy for Kentucky on
Q: Took tenant to small claims judge ruled in my favor but says she is filing bankruptcy can she add that to bankruptcy?

If so does that mean she doesn’t have to pay me what the judge ordered her to pay and is there a way to stop her from not paying us and adding it to the bankruptcy when she files? We filed the case in small claims before she ever started to file for bankruptcy but now she’s saying her lawyer is... Read more »

Stuart Nachbar
Stuart Nachbar answered on Sep 15, 2020

While she can add the back rent to the Bankruptcy, she cant just live there for free. If she is a Chapter 13, she has to bring current and stay current

If a Chapter 7, she either has to pay or get out

I HIGHLY recommend that you seek out counsel in your jurisdiction that can assist...
Read more »

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Who makes decision concerning reconsideration of address of home placement plan for release from state jail in KY?

Husband is wife soul caregiver and further seperation upon release poses a extreme financial burden on the household and health of parolees spouse.

Timothy Denison
Timothy Denison answered on Sep 15, 2020

The Parole Board.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Do all crimes get trials? What if the police that made the arrest saw enough evidence find someone guilty?
Timothy Denison
Timothy Denison answered on Sep 14, 2020

All crimes get trials, no exceptions.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Who decides to drop assault charges when self def. is proved, judge, jury, or lawyers? Prosecutor refuses to drop them
Timothy Denison
Timothy Denison answered on Sep 14, 2020

If the jury believes the self defense claim, they are instructed to find the defendant not guilty.

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Can you be sentenced to house arrest for assault 1st degree in ky?
Timothy Denison
Timothy Denison answered on Sep 14, 2020

No. It’s a violent crime with an 85% serve.

1 Answer | Asked in Divorce for Kentucky on
Q: How do force a divorce when he is already re-married and in another state. We’ve been separated for 11 years

He claims he filed but the state of Kentucky says there is no record of filing. He remarried in another state and I can’t afford to pay the fees

Timothy Denison
Timothy Denison answered on Sep 14, 2020

He is guilty of the crime of bigamy. Check with your local bar association or legal aid society for a pro bono or reduced fee attorney.

1 Answer | Asked in Family Law and Elder Law for Kentucky on
Q: How can I force my parents POA to share their financial records with me and other siblings in KY?
Timothy Denison
Timothy Denison answered on Sep 14, 2020

Short of a lawsuit against the POA, nothing you can do.

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