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Kentucky Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Shared custody with my children’s mother. We’re at a disagreement for the children’s education during this pandemic

I am against the kids going to public school for everyone’s safety and health. Both sides have a lot of relatives who are high risk for COVID, including the mother who is having a risky pregnancy. She says she can handle the home schooling but the kids need social skills. Both kids say she’s... View More

Timothy Denison
Timothy Denison
answered on Oct 11, 2020

File a motion and let the court decide.

1 Answer | Asked in Child Custody for Kentucky on
Q: i’m 3 years clean. but the thing is, my rights are being terminated on October 15th, i want my daughter back but how ?

i lost my daughter 3-4 years and she’s in state custody, but my rights are being terminated, what can i do to fight and get her back before or in November

Timothy Denison
Timothy Denison
answered on Oct 10, 2020

Get yourself a lawyer and fight to win the termination trial.

1 Answer | Asked in Child Custody for Kentucky on
Q: I am a non custodial parent, I lost it because I was an addict . I am 2 years clean what do I do to get my custody back

I had to do, domestic violence classes. I finished those last month, I am drug free.

The dvo is expired from 2016.

The mother does not let me see her, how do I start to get all my rights and visitations back.

Timothy Denison
Timothy Denison
answered on Oct 9, 2020

File a motion for equal parenting time in the divorce action.

1 Answer | Asked in Child Custody for Kentucky on
Q: Where can i find out if any complaints have been filed with a family court judge in Louisville ?

My brother has been going through a custody battle for several years. His ex, is dragging him through the legal system, as she has money to burn. She has made several false claims and accusations with different agencies, trying to strip him from all parenting rights. He has requested a different... View More

Timothy Denison
Timothy Denison
answered on Oct 7, 2020

Such complaints are confidential until or unless there is an adjudication of misconduct, at which point it becomes public. So, if you don’t find any published instances of misconduct, there won’t be any to find.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Kentucky on
Q: In his broad discretion, can a judge relinquish venue under forum inconvenience if the plaintiff waived right to venue.

Plantiff fails to object to venue in preliminary custody matters 3yrs after moving to Oldham county. Participates in further proceedings in decree county. Jefferson county. Until filing motions in (oldham) county of residence and winning temporary order. Files petition for custody in county of... View More

Timothy Denison
Timothy Denison
answered on Oct 7, 2020

Yes, the judge has discretion to relinquish venue. However, under the Uniform Chid Custody Jurisdiction Act, the judges of the two possible forums are required to converse and make a decision as to where jurisdiction and venue is appropriate and who will be exercising both to hear the case.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Kentucky on
Q: My 12 year old lives with her mother in KY and its a very unhealthy environment. She's mentally abused, neglected

What can I do to get her to IN with me?

Timothy Denison
Timothy Denison
answered on Oct 4, 2020

File a motion for change of custody citing the neglect and abuse in the KY case.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: What do I need to do if someone is willing to sign over custody of a child to me? She's bringing the child in 10 days.

Do I have to establish residence of child at my home in Lou,Ky because he lives in Indiana at the moment ? His father is incarcerated for the murder of his mother whom I took custody of as teenager and raised,but her sister got custody of the child after her death and I had visitation rights,now... View More

Timothy Denison
Timothy Denison
answered on Sep 29, 2020

File a custody petition and then file the agreed order in that case.

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Kentucky on
Q: If I have proof that my daughters dad is selling drugs do I legally have to let him go where he wishes to see her?

My daughters dad has been inconsistent with seeing her the last year of her life (she’s 2) and hasn’t seen her for a total of a month now, has all ways of me contacting him blocked, but guilt trips his mom about not seeing her, but I don’t want to get in trouble if I don’t allow visits. I... View More

Timothy Denison
Timothy Denison
answered on Sep 28, 2020

You should file a motion to limit or suspend his visitation and let the court rule. You cannot unilaterally withhold parenting time but if you submit your proof to the Court, then you will be covered.

1 Answer | Asked in Child Custody for Kentucky on
Q: can I be emancipated in foster care at 16?

I'm 15 right now but I don't want to live with anyone.

Timothy Denison
Timothy Denison
answered on Sep 25, 2020

Highly unlikely, no.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Child support payments were made to caregiver after child was thrown out. Any way for the child to get the money now?

My husband's mother sent him off to live with his extended family in KY when he was 14. He is now 30. We believe his mother signed a power of attorney granting her sister (my husband's aunt) the ability to make decisions related to her son, and guardianship was never officially... View More

Timothy Denison
Timothy Denison
answered on Sep 21, 2020

No. The statute of limitations ran on that cause of action about 11 years ago.

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Kentucky on
Q: Can anything be done if a child's medical needs were not met by his caregiver?

My husband's mother sent him off to live with his extended family in KY when he was 14. He is now 30. We believe his mother signed a power of attorney granting her sister (my husband's aunt) the ability to make decisions related to her son, and guardianship was never officially... View More

Timothy Denison
Timothy Denison
answered on Sep 21, 2020

Likely not after all this time, no.

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 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... View 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 Child Custody and Divorce for Kentucky on
Q: Can I lose joint 50/50 custody of my kids if I marry someone who has been convicted on a felony in the past.

The felony was not against children. Was a drug charge. My oldest child is 14 and youngest is 8 they both like my fiancé. Ex is threatening to take me to court to keep them away from my fiancé. What steps should I take?

Timothy Denison
Timothy Denison
answered on Sep 14, 2020

Possibly but not likely.

1 Answer | Asked in Child Custody for Kentucky on
Q: I am a mother who lost custody of my son 8 years ago. Can I regain custody of him in KY
Timothy Denison
Timothy Denison
answered on Sep 13, 2020

Depends on where the child is and what the change of circumstances are for modifying custody now.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can I move my daughter with me to Maine from Kentucky?

My fiancé and I want to move to his home state. My daughter has always been primarily with me, paternity has not been established by the court, no custody agreement in place, her dad doesn’t pay child support, and he cannot hold a job. I also currently have a protection order against him for... View More

Timothy Denison
Timothy Denison
answered on Sep 10, 2020

Yes, although if dad files an action here you may still have to defend it here.

1 Answer | Asked in Child Custody for Kentucky on
Q: can social services take a child at 17 and 6 months? ky
Timothy Denison
Timothy Denison
answered on Sep 10, 2020

Yes.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: I was told by a county attorney that I had to have a lawyer to file for custody in McCracken County, KY? Is this true?

McCracken County, Paducah, KY.

Trying to file for child custody without a lawyer

Timothy Denison
Timothy Denison
answered on Sep 10, 2020

You can always represent yourself if you choose but it isn’t wise and you should hire a lawyer if you’re pursuing custody.

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