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Kentucky Child Custody Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Kentucky on

Q: Can I take my kids from their dad if he is not on their birth certificate?

I have been in the hospital going on 4 months. I have been the sole care taker of my children up until I came into the hospital. Their father has taken care of them while I’ve been in here. I get out Saturday, and their dad is trying to tell me he is not giving them back to me. He is not on their... Read more »

Timothy Denison answered on Jun 30, 2019

Has he ever been legally declared their father? Is there not a document that governs custody of the children?

1 Answer | Asked in Child Custody for Kentucky on

Q: Husband has had temporary full custody of his daughter for 3 years while mother was on drugs and getting clean.

Now the mom wants full custody or 60/40. Does she have a chance? The girl has been going to school where we live and is stable. The mother lives 3 hours away. She moved far away not us. We don't want to take the daughter away from the mother just on our terms. It's not the first time she has gotten... Read more »

Timothy Denison answered on Jun 30, 2019

Probably not. They may give her some additional visitation but doubtful they’ll give her custody.

1 Answer | Asked in Family Law and Child Custody for Kentucky on

Q: What is the guidelines for summer vacation for children?

My sons father is trying to say he gets parenting timewhe it’s my time with him during the summer. He had him for the first part of the summer, he saying he gets every other weekend when he comes back home to me. What can I tell my sons father? He is trying to get me in trouble. I did not get him... Read more »

Timothy Denison answered on Jun 29, 2019

Varies county to county if there is no agreement. If there is an agreement, agreement controls.

1 Answer | Asked in Child Custody for Kentucky on

Q: how to find out if the custody agreement is legal that i signed but never took in front of a judge.

I was told by the lawyer it was not legal or binding until both me and my sons father went before a judge with the agreement. I have not had primary custody of my son for 2 years since this and I have found out that the lawyer of my child's father has been disbarred for forgery. Apparently she was... Read more »

Timothy Denison answered on Jun 27, 2019

First, you’ll need a copy of the papers signed. Second, you’ll need to determine who signed them. Third, you should check the circuit clerks office in that county and see if the were filed and signed by judge in court. If they were, it is enforceable. If not, or if they were forged, it is... Read more »

1 Answer | Asked in Child Custody and Family Law for Kentucky on

Q: If a custody agreement was drafted and signed by both parties, but never signed by a judge, is it void?

Timothy Denison answered on Jun 25, 2019

It is not void, but it is unenforceable unless or until suit is filed on it and the Court adopts it.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Kentucky on

Q: What would my best course of action be? I signed a temporary guardianship of my daughter, a year ago, to my Mother.

Ive been consistently involved in her life the duration of this guardianship. I however, married and was convicted of a domestic battery misdemeanor, because my Husband and I are choosing to do counseling, etc. to recover our marriage.. (My mother doesn't approve) She has now blocked all... Read more »

Timothy Denison answered on Jun 22, 2019

File a custody petition in your county against your mother for return of the child.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on

Q: My ex and I share a 3mo son. She gets mad at me. takes the baby. She gets an epo on and says I'm not his dad she...

Gets him is there any way I can get him back before we take a DNA test? Also she has been deemed unfit twice before.

Timothy Denison answered on Jun 22, 2019

You need to file your own custody action. If she says he’s not yours, the child is not yet legally determined to be your son so you have no rights. However, if the dna proves he’s yours, then you get an order for possession and her manipulations will end!

1 Answer | Asked in Child Custody and Family Law for Kentucky on

Q: Child was placed in (PPLA) IM STILL WORKING CASE AND THEY HAVEN'T TRIED TO CONTACT family members to take her

But DCBS didn't didn't make effort to contact other relitives

Timothy Denison answered on Jun 19, 2019

What is your question?

1 Answer | Asked in Child Custody for Kentucky on

Q: If a child in foster care is placed in permanent placement living arrangement

Social worker didn't go by guide lines that led to doing this what should be done?

Timothy Denison answered on Jun 19, 2019

Motion to Reconsider Placement or Appeal Placement.

1 Answer | Asked in Family Law and Child Custody for Kentucky on

Q: How long does Power of Attorney for Minor Children last in the state of Kentucky?

When I married my wife she has 2 kids and the father doesn't have anything to do with them or wants them. But we believe he wont sign over his rights. I just want to be able to have the school tell me information regarding them and be able to get them medical care. Was just wondering if there was a... Read more »

Timothy Denison answered on Jun 18, 2019

Your wife can give you Power of Attorney to do everything you want to do.

1 Answer | Asked in Family Law and Child Custody for Kentucky on

Q: If you give someone power of attorney dose it have to hold up in court?

Standard (POA) Paper was made at the McCreary county,KY court house But Judge said "Doesn't mean anything"

Timothy Denison answered on Jun 17, 2019

If you have someone a power of attorney and it was executed properly, it will stand up in court.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on

Q: My son father is not letting me speak to my son?

My sons father is not letting me speak to my son when I want to speak to him. He keeps saying I will arrange a time for you to speak to him. I should be able to speak to my son at anytime I want to. He ground him from his phone. The father shuts it off so I can not contact him when I need too. What... Read more »

Timothy Denison answered on Jun 17, 2019

Make a motion to hold him in contempt for interfering with your visitation.

1 Answer | Asked in Child Custody for Kentucky on

Q: I gave my mom custody of my daughter there were no social workers involved or any courts how do i get her back

Timothy Denison answered on Jun 17, 2019

Depends on what kind of documents you used to give her custody.

1 Answer | Asked in Family Law and Child Custody for Kentucky on

Q: Dose a social worker from DCBS have to tell you everything that's happening with your case by law in McCreary county, KY

Dose DCBS worker by law have to tell you about all changes? Decisions made?

Timothy Denison answered on Jun 17, 2019

No. They are supposed to keep you informed, but good luck with that.

1 Answer | Asked in Child Custody and Child Support for Kentucky on

Q: Does filing for child support change a custody agreement?

My sons father and I have come up with a custody agreement outside of the court system. If I decide to file for child support will that change the agreement we have? Will he be getting our son more days?

Timothy Denison answered on Jun 12, 2019

No. Filing for child support does not change the agreement.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on

Q: At what age can a child say he does not want to visit the other parent?

My son is really disliking having to go to his fathers every other weekend and 1 month during the summer. His father does not do anything with him. And my son does not like his new wife. She has been getting smart with my son and tell him if he does not eat he will get in trouble and just does... Read more »

Timothy Denison answered on Jun 10, 2019

There is no magic age. The judge will listen to the child but the ultimate decision always remains with the judge.

1 Answer | Asked in Child Custody and Child Support for Kentucky on

Q: My son's father is also refusing to help with my sons brace. Most dental insurance does not cover them. What can i Do?

My sons father is responsible for half. We have a agreement on 50/50 on medical and other things for my son. We are going to court soon. I am just trying to get my ducks in a row. Can I ask him to pay me back for the part he is suppose to pay since I am having to pay for all of this out of my... Read more »

Timothy Denison answered on Jun 10, 2019

The braces are generally covered under medical bills so he should be liable for half as well. Make a motion to hold him in contempt for failing to pay his 1/2.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on

Q: I've had full custody of my 14 year old daughter for 9 years mother is 8800 behind on support what can I do? In KY

Her mother lost custody when she involved her in a home invasion when she was 4, made her pee in a pill bottle at school and then stole money and credit card numbers from people at a motel she worked at. Shes never voluntarily paid child support and is now 8800.00 behind. My daughter told me she... Read more »

Timothy Denison answered on Jun 10, 2019

Take a warrant for nonsupport but assure your daughter you won’t let her mother go to jail and tell her there’s no reason for her to move to her mothers and you won’t permit it.

1 Answer | Asked in Child Custody for Kentucky on

Q: What is the age in Kentucky that a child can decide which parent he wants to live with?

Timothy Denison answered on Jun 7, 2019

There is no such age, it is only a myth. The court will however, consider the wishes of the child roughly about 12 years on....

1 Answer | Asked in Child Custody and Child Support for Kentucky on

Q: How far behind can someone get on child support in the state of Kentucky before they get into trouble?

My sons father is over $1200 behind. Can he get in trouble?

Timothy Denison answered on Jun 6, 2019

Over $1,000 is a class D felony punishable by 1-5 years in the penitentiary.

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