Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Kentucky Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Kentucky on
Q: What are sufficient grounds to move a case from one county to another?

What are some examples/reasons on sufficient grounds for a custody case to be moved from one county to another.

Timothy Denison
Timothy Denison
answered on Sep 9, 2020

Conflict of interest, provable bias, etc.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can you move a case to another county?

I had a previous cps case due to my drug addiction, I am two in a half years sober and fighting for custody in Spencer County while I live in Jefferson. Taylorsville (SC) is a small town, and my parents (have temporary custody) know everyone. Including the country attorney, cps workers, my... View More

Timothy Denison
Timothy Denison
answered on Sep 8, 2020

Doubtful that you can have it moved. Doesn’t appear you have sufficient grounds to move it to another county.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My 14 year old doesn't want to go to her dad's anymore. Can we do this legally?

We have joint custody with no set visitation schedule.

Timothy Denison
Timothy Denison
answered on Sep 8, 2020

No. Not unless dad agrees.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Does the father of my child have rights over my baby if my baby does not carry his last name ?

The father of my child threatened me with court everytime I try to leave him. I just want to know what rights he has over him if my child does not carry his last name but he’s listed as the father. He’s been no help in raising our child, so I just want to leave and not depend on him anymore.

Timothy Denison
Timothy Denison
answered on Sep 7, 2020

Until paternity is established by the court, he has no rights at all, regardless of last name or birth certificate.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Had 4 children removed from mine and my husband care after social services worker broke in to home after we wasn't home

She made up lies didn't have any proof of abuse nor neglect then terminated our rights to three children and lost 9 pregnancies due to being harassed by social services then had a baby boy last year and they took him from the hospital on false charges no proof he wasn't even twenty four... View More

Timothy Denison
Timothy Denison
answered on Sep 3, 2020

You may need to consult a civil rights attorney before you do anything else.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Kentucky on
Q: What is the possibility of my abusive ex getting half custody?

I live in Kentucky and my ex husband is attempting to get half custody of my 18 month old.

In February, due to past physical violence and life-threatening text messages, I got an EPO on him. When we went to court for the EPO, the judge decided on a 3 year DVO and opened up a child abuse... View More

Timothy Denison
Timothy Denison
answered on Sep 1, 2020

In KY, initially the presumption of time between parents is now 50/50. However, that presumption can be rebutted with evidence such as you describe in your narrative above. So, assuming those evidence is substantial and can be proven, it is unlikely that he will get anything close to half.

1 Answer | Asked in Child Custody for Kentucky on
Q: If CPS says a mother should be accompanied by another individual when being with her child, what exactly are her rights?

The case has been closed by CPS without ever going before a judge. The child currently resides with the biological father.

Timothy Denison
Timothy Denison
answered on Aug 31, 2020

She should probably Follow COS direction to hopefully avoid a case being opened.

1 Answer | Asked in Child Custody for Kentucky on
Q: if the mother moves out and leaves the child and she come back and take her
Timothy Denison
Timothy Denison
answered on Aug 30, 2020

What is your question?

1 Answer | Asked in Child Custody, Child Support and Criminal Law for Kentucky on
Q: When ahusband is arrested what happens to hiskids & wife at home?Does he pay child support?Doesthe family get his checks
Timothy Denison
Timothy Denison
answered on Aug 27, 2020

Nothing happens other than the loss of his income to the family and everyone else has to work harder to pick up the slack.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can get joint custody of my girls if I have a closed Cps case. I ended up with a wanton endangerment misdemeanor
Timothy Denison
Timothy Denison
answered on Aug 25, 2020

Depends on whether the wanton endangerment had anything to do with the children.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Where can I find emancipation paperwork for the state of KY?

I've looked online and I've been to the courthouses! If I get a lawyer can they help?

Timothy Denison
Timothy Denison
answered on Aug 24, 2020

Yes. A lawyer can do it for you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: My boyfriend lives in an emotionally abusive household. He wishes to be emancipated. Where can we find the paperwork?

He needs help regarding getting emancipated via court order. His parents wont sign unless they go to court.

Timothy Denison
Timothy Denison
answered on Aug 24, 2020

Paperwork online or at courthouse.

1 Answer | Asked in Child Custody for Kentucky on
Q: If a gay married couple divorce, and they have a child but he has not been adopted by the non biological parent,

Does the biological parent have legal rights

Timothy Denison
Timothy Denison
answered on Aug 24, 2020

If the child has not been adopted, the non-biological parent has no rights but the biological parent retains all his or her rights to the child.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Kentucky on
Q: Is my wife's lawyer legally obligated to submit CPS records indicating her ex-husband abused her children?

One of the children is under joint custody, and the report for one of the incidents has been substantiated by CPS (he admitted to hitting the other child - who is fully in our custody, not related to her ex - with a dog leash). The other records indicate abuse may still be present with the child... View More

Timothy Denison
Timothy Denison
answered on Aug 21, 2020

They are confidential records but are certainly the court should know about them (especially if the CPS case was before the same court). Idk why the lawyer would not submit them or make the court aware of them unless it is possibly a matter of strategy and timing. You should ask.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can/Should compliants filed with county attorney office against the mother/stepfather be used in a custody case?

I have been going to court since January 2020 for full custody of my daughter. My wife and I have filed harassment/stalking compliant againist the mother and stepfather, they been denied for charges, but have sent letters telling them to stay away from us. but my attorney refuses to use it in court... View More

Timothy Denison
Timothy Denison
answered on Aug 20, 2020

If no charges were authorized, they are little to no value in your custody case.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Ex is fighting for 50/50 parenting even though our daughter was sexually abused by his girlfriend's son.

My ex is fighting for 50/50 parenting even though he allowed his GF's son to sleep in bed with our daughter even though 2 days prior we were in court and it was a court order that she is never to sleep in bed with anyone at her dad's house, but he broke that court order which resulted in... View More

Timothy Denison
Timothy Denison
answered on Aug 20, 2020

Highly unlikely if properly documented and investigated.

1 Answer | Asked in Child Custody for Kentucky on
Q: Once parents rights have been terminated can they ever again regain custody
Timothy Denison
Timothy Denison
answered on Aug 13, 2020

No. They are terminated forever.

1 Answer | Asked in Child Custody for Kentucky on
Q: Return to custody

I just asked about return of custody and dad who filed for joint custody. — if he has history of being an absent father with substance abuse who has never had rights to him for my son’s 5 years of life, will a judge just give him joint custody without “investigating” first?

And is... View More

Timothy Denison
Timothy Denison
answered on Aug 12, 2020

Dad probably would not be granted joint custody assuming the above facts are true. If CPS is supporting your motion for return, your chances go way up....but nothing is ever absolute in family law.

1 Answer | Asked in Child Custody for Kentucky on
Q: Lost temporary sole custody of son almost two years ago and I have been in compliance and completed my case plan

His great gparents have temp cust. Will I get sole custody back if my lawyer and cps are requesting so? Also, His dad filed for joint custody as well last min. But has never had rights or custody. Can he get joint custody in my cps custody case ? Or does custody first have to returned to me then he... View More

Timothy Denison
Timothy Denison
answered on Aug 12, 2020

You can file a motion for return of custody. Dad can also file a motion in the same action.

1 Answer | Asked in Child Custody for Kentucky on
Q: My husband had a trial and we ended up winning 50-50 custody. Week on week off

Since we got our verdict his ex filed a motion to change the week on week off to 2-2-3. It was denied just last month. Now she filed another motion to change it again just yesterday! Can we counter file to ask the judge to bar her from filing modification if there’s no significant change?... View More

Timothy Denison
Timothy Denison
answered on Aug 12, 2020

You can expect her motion to be denied again.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.