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Kentucky Child Custody Questions & Answers

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Kentucky on

Q: How can I file Immediate entitlement when cps doing everything to keep kids away violating my rights. And what items to

Timothy Denison answered on Feb 7, 2019

You need to hire a family practitioner to represent you in the dependency case and if unsuccessful, then file suit against them in circuit court.

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

Q: I sign over full custody to my ex husband an how can i see my kids

Timothy Denison answered on Feb 7, 2019

If there are no provisions for visitation in the case where you signed over custody, you will need to make a motion for a parenting schedule to be set in that case.

1 Answer | Asked in Child Custody for Kentucky on

Q: Not wanting to lose my grand daughter I've had for over 2 yrs now. i have temporary custody but want full. Worried

Went to my yearly review. Mother has not called, wrote about her, nothing in 15 months. Doesnt try to come and visit. But says she deserves her back all over social media. Same media she pictures herself all hugged up sexly with her sister. Bragging about their sugar daddy.Don't that say anything... Read more »

Timothy Denison answered on Feb 4, 2019

Social media will NOT help her get the child back. You should print out all her posts and save them. If it appears they might remove the child from you, you can file a custody action in circuit court bc you are now a de facto custodian of the child.

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

Q: A petition has been filed for me to sign over my rights to my daughter's stepfather. How do I respond?

Her mother moved away with her 2 years ago and I have no idea where they live. She has blocked my number as well as blocked me on social media. I recieved this petition to sign over my rights, which I do not what to do. I emailed their lawyer and they said that I have to respond through the... Read more »

Timothy Denison answered on Feb 3, 2019

File a written response in the case with the clerks office. Simply say you do not agree with the termination. Ask for the court to appoint you counsel to represent you in it.

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

Q: google husband chases wife Hartford ky, diagnosed narcissist. He has held filed for divorce and I need representation.

He has since, taken the youngest child. Uses money to minipulate her, yet she’s his victim of chase. He did plead guilty. Didn’t pay support but twice the entire year. I even lost home in foreclosure

Timothy Denison answered on Feb 2, 2019

What is your question?

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

Q: How do I get parental rights back?

I was arrested 4/17 with drug charges in Shelby county KY. My children weren't home at the time and I was released before they were to be home. My husband (separated since 5/2013) never brought them home and picked them up from school so the bus wouldn't bring them home. I was evicted in 5/2017.... Read more »

Timothy Denison answered on Feb 1, 2019

You will have to file a motion for return of the children in the Henry County case where the judge originally gave your husband custody for one year.

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

Q: can you pay child support with your hsa card?

Timothy Denison answered on Jan 29, 2019

No.

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

Q: I have joint custody of my son and he doesn’t live with his mother anymore. What are my rights?

I want to have full custody over him due to his mother being unfit but can’t prove it. I also can’t prove he lives with his grandmother other then him just telling me.

Timothy Denison answered on Jan 27, 2019

You may want to consult a skilled family law attorney, but the short answer is you’ll need to file a motion to modify custody in the court that established custody. If you can prove he doesn’t live with him mother, you may be able to at least obtain some degree of relief.

1 Answer | Asked in Child Custody for Kentucky on

Q: I had emergency custody of my niece and nephew for 8 months and then moved out of state and lost them both.

I had temporary custody of my niece and nephew for around 8 months in Kentucky and then moved out of state and the kids were taking from me and giving back to their father. There father is currently on probabtion and just failed another drug test and has been giving 10 days in jail. The kids are... Read more »

Timothy Denison answered on Jan 16, 2019

Highly unlikely the judge places them out of state. Too much red tape and too many obstacles if the children don’t come back.

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

Q: My daughters father is keeping her from me. Is there anything I can do without a lawyer. There is no custody order.

My daughters father is keeping her from me. He will not even let her talk to me on the phone. I do not qualify for legal aid and I don't have the money for a lawyer. I don't know what to do. I have never had to go threw this before. Can I do anything about this without a lawyer? We have no... Read more »

Timothy Denison answered on Jan 14, 2019

You can file your own pro se motions but youustcsnt likely achieve much on your own, especially if he has a lawyer. Find a competent family law practitioner, work out a payment plan, and let him or her help get your daughter back.

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

Q: As the father of two girls 2 and 6 year old and I have joint custody what is my rights

The mother refuses to let me know anything about the kids the only time I know anything is when they are with me she doesn’t let me know about school or if they are sick as the father I know nothing about them what is my rights

Timothy Denison answered on Jan 10, 2019

You have equal rights and exactly the same rights as the mother. No more, no less. You need to speak with a family law practitioner immediately who can establish a parenting agreement if one does not exist.

1 Answer | Asked in Child Custody for Kentucky on

Q: Once a petition for full custody has been filed, how long does the respondent have to answer in Kentucky?

If the answer is not received from the respondent, how likely is it that a judge would default and grant custody to petitioner?

Timothy Denison answered on Dec 28, 2018

20 days from receipt. Default is possible but a hearing still must be held.

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

Q: My ex husband has legal custody of my child. The child now lives with me. Can I draw support for them in kentucky?

I paid my ex husband support for our children. He dropped the support because he wanted me to raise our daughter now. He has legal custody of our two children. The daughter lives with me in another county and has to attend school here. Her brother still remains in the fathers home. Since she lives... Read more »

Timothy Denison answered on Dec 27, 2018

Yes, but you should also seek an modification of custody do you too have legal custody.

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

Q: father of child not on birth certificate He requested dna test When come back his will I start getting child support?

He’s only seen her once when she was 3 days old for one hour. She’s now 4mo old. We made and agreed to our own schedule when she was 3 days old then he never showed on the day to visit.. haven’t heard from him sense until now when the child support called me saying he wants test. Why do you... Read more »

Timothy Denison answered on Dec 11, 2018

If the child is his, the answers to all of your questions I yes.

1 Answer | Asked in Child Custody, Family Law and Appeals / Appellate Law for Kentucky on

Q: Should I file for a return of custody

Our child was taken by my mother on September 29th to the courts to file an emergency custody order stating domestic violence allegations and drug use in front of the child. The argument she was claiming the child was around domestic violence was no where near where her or the child were at and... Read more »

Timothy Denison answered on Dec 11, 2018

You’d better take it slow and work the progression. If everything you say is true, the child will probably ultimately be returned to you.

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

Q: Hello just seeking advice and have a few questions regarding child custody and father rights.

My child is 4 months old and her father and I are not together. He’s not on the birth certificate either and has only seen her one time for one hour when she was three days old. We had previously arranged a schedule for him to visit when she was first born and he agreed to it. My only request was... Read more »

Timothy Denison answered on Dec 11, 2018

If he is the father, he will have the same rights as you. You two would share jointcustody. Unless he takes you to court however, to establish a visitation schedule, you don’t have to let him have her at all. He will have to pay child support and the court will decide if and when he gets... Read more »

1 Answer | Asked in Child Custody for Kentucky on

Q: "any period of time after a legal proceeding has been commenced by a parent seeking to regain custody of the child shall

not be included in determining whether the child has resided with the person for required minimum period?" In kentucky

Timothy Denison answered on Nov 30, 2018

Child should have resided in Kenticky for six months for Kentucky to have jurisdiction before filing a custody action. Any time after the filing if the action will not be counted for determining the six months residency.

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

Q: My son lives in Indiana and I in Kentucky. His mother caught a d.c.s.case against her and our son was removed from her

Custody. They gave temporary placement to her mother in which she lives and I want my son with me. . But, because we're in different states they said they had to file a state to state change? And now I'm having to wait to have my son live with me his biological father. We are married but have been... Read more »

Timothy Denison answered on Nov 25, 2018

Hire a lawyer and petition the Indiana court for custody I’mmediately.

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

Q: Do I have a suit against The Cabinet and/or my ex for a pending case where my daughter has been removed from his home?

My daughter's father has neglect and abuse charges against him and the cabinet is trying to use a completely separate case to keep my daughter from being put in my custody. There were false sexual abuse claims made against a minor in my home. State tried to make me sign papers stating I admit the... Read more »

Timothy Denison answered on Nov 23, 2018

More information is needed to completely assess but my initial assessment is no.

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

Q: My granddaughter has lived with me since June 2018 due to her mom's eviction. Can I file for guardianship or custody?

I agreed to keep my granddaughter for two months until her mother found a place to live. It has now been five months. Her mother recently found an apartment but she has yet to retrieve her daughter. I asked if she was ready for her to come back and she said she has to work. I work also. The mother... Read more »

Timothy Denison answered on Nov 5, 2018

You need to wait until you have had her for six months and then you will achieve de facto custodian status and stand on the same footing as her mother. You have to have her and provide for her for six months, not five or less, before you can claim this status. Id sit on it for another month and... Read more »

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