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Kentucky Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Family Law for Kentucky on
Q: How would I file a modification for custody in Kentucky when both parties are in agreement without a lawyer.

The court house said they don’t have specific paper work and I can file with fee’s without a layer but I better know how to do it right in which I have no idea and there’s no way I can afford a lawyer and there is no legal aid for this.

T. Augustus Claus
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answered on Jan 12, 2024

In Kentucky, if both parties are in agreement to modify custody, you may be able to proceed without a lawyer. To initiate the process, you typically need to file a motion or petition with the family court that issued the original custody order. While the courthouse may not provide specific forms,... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: What is standard arrangement of custody for two parents in different states with special needs child.

My 2.5 yo has spastic quadriplegic cerebral palsy and autism. I have sole custody with visits at my discretion. Dad hasn’t seen child since 2021 and has called 6 times in over three months. Got served with child support and asked me to have someone adopt him so he could signs rights away and get... View More

Timothy Denison
Timothy Denison
answered on Dec 13, 2023

If you already have sole custody, it is highly unlikely he is going to be able to change that bc the standard of proof is a high threshold. Additionally, if you have been living in your state for more than six months, any custody action should be brought where you and the child reside. You are... View More

2 Answers | Asked in Child Support, Family Law, Adoption and Child Custody for Kentucky on
Q: If a parent voluntarily signs away rights for their child to be adopted can their child support be forgiven

If the adoptive parent consents when the bio parent is a over $4000 behind

T. Augustus Claus
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answered on Nov 27, 2023

When a parent surrenders their parental rights, they are essentially giving up all of their rights and responsibilities to the child. This includes the right to have contact with the child, the right to make decisions about the child's upbringing, and the right to receive child support from... View More

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3 Answers | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Do you have to file a response to every motion filed against you?
T. Augustus Claus
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answered on Sep 22, 2023

In Kentucky, as in many jurisdictions, you generally do not have to respond to every motion filed against you, but choosing not to respond could have consequences. When a motion is filed, it usually sets forth a legal argument or request that the court will consider. If you do not file a response,... View More

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2 Answers | Asked in Family Law, Child Custody and Constitutional Law for Kentucky on
Q: Whats the point of motion hour?

I know they are a couple different ones but representing yourself shouldnt you have the right to speak on your own behalf? A motion was filed with accusations, i didnt see anywhere that it may have said it was Ex parte? So if I go shouldnt i be allowed to speak at the motion hour before the judge... View More

James L. Arrasmith
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answered on Oct 15, 2023

Motion hour, often referred to as "motion calendar" or "motion docket," is a designated time when a court hears various motions filed in pending cases. The purpose is to manage caseloads efficiently and address pre-trial matters. If you are representing yourself (pro se), you... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Does filing first for custody and has physical custody mean that parent will win their custody wants?

Non-married parents. previous case with cabinet but ended with custody returned to both parties, with no parenting schedule. M. has had child majority of time til about 1 year where time was split equal. But we are going to court and I didnt file first and now our child is in his physical custody.... View More

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

No. Filing first simply means you filed first. The custody will always be decided on the merits snd never on who filed first.

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Kentucky on
Q: If I voluntary give up my parental rights to my kids to their uncle can I still be in there life?

They are staying with their uncle as of now I have a cps case open and only get a hour a week with them would it be better if I signed my rights over so I can work on me

T. Augustus Claus
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answered on Aug 3, 2023

In Kentucky, if you voluntarily terminate your parental rights to your children and the court approves the termination, you will no longer have any legal rights or responsibilities as a parent. This means you will no longer have visitation rights or any say in their upbringing, and you will not be... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: My grandma has custody of my almost 3 year old son. (My parental rights was not taken) Due to poor choices I make, no

Contact has been placed between my son and I (dcbs) I’ve been told my grandma is trying to legally adopt my son, telling her lawyer she doesn’t know where I am or how to contact me, with her doing that can she legally adopt without my consent? How can I go about finding out if a court hearing... View More

Timothy Denison
Timothy Denison
answered on Jul 16, 2023

Go to the family court clerks office in your county, take your ID and ask them to copy a complete copy of the case file in any case in which you are a named party. If she has filed anything to adopt, you will be a party to it and they will be able to locate it for you.

1 Answer | Asked in Child Custody, Education Law and Family Law for Kentucky on
Q: Child lives with grandma for years, this year school told me that they were told I the NM was no where to be found…

NF who is her son did not technically sign him into school this year. His grandma and her husband did, they signed above the parent/guardian. Childs father signed above the other. Im not forsure what he signed for. Question is , Bc of them standing as De Facto custodian, could they do this? Every... View More

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has...
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2 Answers | Asked in Family Law, Child Custody, Education Law and Public Benefits for Kentucky on
Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?

Father is not on BC, No action has ever been through courts, ive never signed anything. Minor as loved with GP since he was 16mnths, I’ve kept contact over the years even written notes for doctors and take phone calls from hospitals giving permission to his PGM to be the one with him while they... View More

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has...
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2 Answers | Asked in Family Law and Child Custody for Kentucky on
Q: My ex wife mother of my children is trying to move out of state with my kids. I live in Kentucky. What are my options?

Kids in question are 16,14 & 13

Taniesa Velez
Taniesa Velez
answered on Feb 23, 2023

Hello,

If you already have an open custody case, you will need to file a motion requesting the Court to enter an order prohibiting the kids from moving out of state.

If you do not have a custody action open, you will also need to file a petition, then the above mentioned motion...
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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can I legally be taken to court by one who lied to hospital to get drug addict baby released to them?

She gave birth on cocaine,courts placed kids with us.She skipped all court.Years later taking me to court for custody.Failed to mention she and her mother lied to hospital saying kids lived with ME to get baby released.They both skipped court.Now I pay a lawyer for court she’s dragged me into as... View More

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

Yes. She can take you to court if she is the mother of the children. Yes. It is legal. If her request is denied or determined frivolous, you could be awarded your attorney fees insured.

1 Answer | Asked in Juvenile Law, Family Law and Child Custody for Kentucky on
Q: I'm 16 and in foster care what do I have to do to get emancipated
Timothy Denison
Timothy Denison
answered on Dec 31, 2022

File a petition for emancipation in the district court of the county in which you live.

1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Kentucky on
Q: My daughter has lived with a guy for 20 years.they have two children one still lives at home she is 15.can her boyfriend

force her to leave.dose she have any clame on the house

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Depends on how title to the property is held; whether daughter has contributed any money to the house over the 20 years. She most likely has a claim of some degree that can keep her there. She needs to talk to a lawyer immediately.

1 Answer | Asked in Child Custody for Kentucky on
Q: I lost joint custody of my son to his who now has sole custody of him. I lost them because of.drugs. can I get.joint bk

His dad has since moved our son to New Mexico without even telling me. What can I do

Timothy Denison
Timothy Denison
answered on Nov 25, 2022

You can probably regain visitation but one would have to review the file and the rulings that are in place. Additionally, the case may have to be litigated going forward in New Mexico under the UCCJA.

2 Answers | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: If I am the noncustodial parent and cs had never been enforced would I be held liable for rearages if cps got involved?

We have always been on mutual terms and I have paid my share of health and wellness and provided necessities for the child.

Taniesa Velez
Taniesa Velez
answered on Nov 6, 2022

If you have been paying child support to the other parent, ensure you have statements of proof (bank statements, money transfer app statements, etc). A parent is finically responsible for their child. CPS involvement does not change that.

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2 Answers | Asked in Family Law and Child Custody for Kentucky on
Q: My ex has custody of my teen child and is failing to provide food and a safe home for him. Can he choose to live me?

My child has provided evidence to me showing unsafe living conditions. My child routinely has to ask me for money for basic needs despite me paying child support to the other parent. My child is now expressing he wants to live in my home because he feels completely unsafe. I do not want to take... View More

Taniesa Velez
Taniesa Velez
answered on Nov 6, 2022

If your child is in an unsafe or dangerous living environment, report those concerns to CPS. Obtain a lawyer. File a motion in circuit family asking for change in parenting time and/or suspension of time for custodial parent if dangerous conditions.

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1 Answer | Asked in Public Benefits, Family Law and Child Custody for Kentucky on
Q: My ex is not letting me pick my kids up even though we have a court order stating I get them on Sunday-Friday.

Can I have the sheriff help me? What can I do? I need a free lawyer?

Timothy Denison
Timothy Denison
answered on Feb 20, 2024

Contact the sheriff and give them a copy of your court order.

1 Answer | Asked in Child Custody and Child Support for Kentucky on
Q: Is there a legal time frame that custodial parent has to send medical bills to noncustodial parent?

Child’s medical expenses are split 50/50 between custodial and noncustodial parent.

Timothy Denison
Timothy Denison
answered on Feb 14, 2024

Generally, customary pts give is 30 days after receipt although this can differ by order or agreement.

1 Answer | Asked in Child Custody, Criminal Law and Divorce for Kentucky on
Q: Can my soon to be ex husband take custody of my kids away due to fiances former drug use ?

My fiance and I split due to his addiction - my 4 children from my previous marriage live with us and he was using while living here for a while - we decided to split due to his addiction. He is now clean and we are trying to reconcile but the issue is my soon to be ex husband (divorce isn't... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

It is possible but really unlikely unless your fiance is currently on drugs.

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