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Kentucky Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: my ex does not want our child around my significant other, does he have the right to stop that?
Timothy Denison
Timothy Denison
answered on Jun 22, 2020

Depends on whether there are legitimate reasons the child should not be around the significant other. Just because the ex doesn’t want it is not sufficient.

1 Answer | Asked in Child Custody for Kentucky on
Q: My daughters mother died. Im on the birth certificate have been active in her life pd Support. Do I have to do anything

To be custodial parent if no one is wanting it? The grandma wants guardianship to collect benefits and checks but doesn’t want the child

Timothy Denison
Timothy Denison
answered on Jun 22, 2020

You should file an action for custody of the child and to establish paternity to legitimize your rights and protect your interests. Do not allow the guardianship to the grandmother or it could compromise your custody.

3 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Kentucky on
Q: If a parent has multiple children in different homes and parental rights are terminated does that apply to all children?

I have permanent custody of a child who has 3 older siblings in foster care. Their foster parents are currently in the process to adopt the 3 siblings. If they get the parents rights terminated in their case, will i also have to get them terminated in my (adoption) case for the younger sibling, or... View More

Kristin Michelle Russell
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Kristin Michelle Russell
answered on Jun 18, 2020

If you have not been approved by the state as a foster parent, you will likely need to file a petition to adopt and a termination of parental rights as to the child in your custody. The birth parents may be willing to consent to avoid another involuntary termination. You should contact a Kentucky... View More

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1 Answer | Asked in Child Custody for Kentucky on
Q: Grandmother was appointed guardianship of child. I want to terminate guardianship. Grandmother doesn't want to.

I gave my mother temporary guardianship of my son so I could get my life together. I was a young mother and I needed time to get some help. The agreement was that my mother watch him while I went to get treatment and afterwards we would terminate the guardianship once I completed. When I got home... View More

Timothy Denison
Timothy Denison
answered on Jun 16, 2020

Simply file a motion to terminate the guardianship it the court that granted it.

1 Answer | Asked in Child Custody for Kentucky on
Q: Why did judge give sole custody of my grandson to unfit father after my daughter’s death?

Father has had very limited involvement in my grandson’s 5 years. He hasn’t worked, has couch surfed for years. Drugs, an OD a few years back and a criminal record. The judge didn’t blink an eye. My grandson is not in a safe environment. Father will not let my family see him either. Child... View More

Timothy Denison
Timothy Denison
answered on Jun 11, 2020

Impossible to answer without having all the facts and a copy of the opinion.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can i move my daughter from Tennessee to Kentucky with me if there is no custody order in place?

Also Tennessee custody laws state that i have legal and physical custody of my daughter since I was not married to the father

Timothy Denison
Timothy Denison
answered on Jun 10, 2020

You should consult a Tennessee lawyer for the answer to this question. If you were contemplating a move from Kentucky to Tennessee, the Kentucky answer would be no.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Kentucky on
Q: how do i get emancipated at 16 in kentucky
Timothy Denison
Timothy Denison
answered on Jun 8, 2020

You file a Petition for Emancipation in the probate court in the county in which you reside.

1 Answer | Asked in Child Custody for Kentucky on
Q: I want to live with my dad in Tennessee but I live in Kentucky and my mom has full custody, what do I do?

I’m 15 years old my mom has hit me on multiple occasions and left horrible bruises on my back, stomach and face. I live with her and my biological dad lives in Tennessee. She refuses to let me see him and tears him down in front of me constantly. Can I leave my house without her consent? I’m... View More

Timothy Denison
Timothy Denison
answered on Jun 4, 2020

Your dad will need to go back to court and file a motion to modify parenting time.

1 Answer | Asked in Child Custody for Kentucky on
Q: Husband had a trial, and he won 50-50 custody of his 11 year old daughter. Mom filed to amend/vacate the order.

She is angry she didn’t get sole custody. He’s a great dad. My question is, should we be worried? I feel like we shouldn’t but it’s still worrisome. We have week on/week off visitation now. We are so happy with the outcome. She asking for it to be 2-2-3 schedule now, or for him to go back... View More

Timothy Denison
Timothy Denison
answered on Jun 4, 2020

Same answer as I gave you last time.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: I'm having a baby, the mother of my child, let's call her L, is 15 and will be 16 after the baby is born.

L's mother is abusive, I can prove it with substantial evidence, I need to know if I can get a legal document from the court stating that she can not touch my child, if she does she'll be arrested, or if i need to move out taking L and my child with me to protect them. L's mother... View More

Timothy Denison
Timothy Denison
answered on Jun 1, 2020

What specifically is your question?

1 Answer | Asked in Child Custody for Kentucky on
Q: Have week to week visitation. 15 yr old & mom had verbal fight. child decided to live with me FT & refuses to see mom

in the divorce agreement we agreed we won't force the child to see the other parent if she doesn't want to. daughter does not want to see or talk to her mom. I have the child in counseling. my daughter says her mom verbally abused her, made her cry, lies to her and her mom keeps saying... View More

Timothy Denison
Timothy Denison
answered on Jun 1, 2020

You should have those things approved through court, although if your agreement says neither party shall force the child to see the other party, you’re in pretty good shape.

1 Answer | Asked in Child Custody for Kentucky on
Q: We live in KY. My husband just won 50-50 custody of his daughter. His exes attempt at relocating was denied

And sole custody was denied. We got week on week off with his daughter. Now we get an email that she is trying to amend, alter or vacate the order. How likely is it that this will happen? We were so happy and now we are worried again. She’s asking to change the order completely to where he goes... View More

Timothy Denison
Timothy Denison
answered on Jun 1, 2020

Highly unlikely that this order gets vacated. Judges usually don’t vacate their orders after having ruled. Defend it and move on. Likely you win.

1 Answer | Asked in Child Custody for Kentucky on
Q: In ky can my brotherinlaw with permanent custody move my daughter to flordia?

I see my daughter regularly keep her all the time and his kids and giving not even a 2 weeks notice he says their moving cause his wife's grandma is in bad shape and it's a permanent move my daughter will be 10 in August

Timothy Denison
Timothy Denison
answered on Jun 1, 2020

You need to file a motion in the court that awarded I’m permanent custody to prevent the move to Florida.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can my fiancé regain custody of his 11 year old, after her being in kinship care for 11 years.

My fiance and his gf at the time lost custody of their daughter 11 years ago due to drug abuse. He has since went to rehab and been clean for 7 years. Will he be able to regain custody of his daughter after her being in kinship care for 11 years? The reason we haven't tried before is because... View More

Timothy Denison
Timothy Denison
answered on May 18, 2020

It depends on many variables. Consult an experience family attorney to help you.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can a 3 year old be questioned without a parent on grounds of child abuse?

My brothers mother in law has wanted custody of his stepchild so she reported that the baby was bruised to social services. A social worker showed up and checked them out saying there was no signs of abuse and told them to take the baby to a doctor to be checked and a note written to prove it. The... View More

Timothy Denison
Timothy Denison
answered on May 15, 2020

Absolutely not. Someone should be with the child at all times. The child is likely not competent to testify.

1 Answer | Asked in Libel & Slander, Cannabis & Marijuana Law, Child Custody and Small Claims for Kentucky on
Q: I have a citation where multiple personal details are incorrect. Can i challenge this?

Took place in Kentucky. Weights wrong, cant see officer # or signature, marked non hispanic, my licence type, as well as leaving an entire individual out of the actual report. Was originally a welfare check and person watching the child was never mentioned. Turned into possession charges. The... View More

Timothy Denison
Timothy Denison
answered on May 11, 2020

You can challenge it but it won’t impact the outcome of the case.

1 Answer | Asked in Child Custody for Kentucky on
Q: My husband had a trial back on March 16 for 50-50 custody. The judge said to turn in facts of findings in 30 days.

We’ve been waiting almost two months for a verdict. My question is, does it usually take this long? Does the judge rewatch the trial or just look at the lawyers paperwork they turn it? I figured we would have a verdict by now but corona closed everything down. We turned in paperwork before it... View More

Timothy Denison
Timothy Denison
answered on May 8, 2020

Yes. It always takes this long, and even longer, to get a decision. Compound that with Covid 19, I wouldn’t expect a decision for a few months.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: My ex wife had the kids living in filth, I have picture proof, there was broken glass, trash, and rotten food on

The counters. She dropped my daughter on her face and failed to seek medical care. I picked up my kids 2 days later and saw the bruises on her face and cracked teeth. I took her to the hospital and she had a concussion and needed dental surgery. I've been dealing with head licewith them for... View More

Timothy Denison
Timothy Denison
answered on May 6, 2020

Yes. You have 30 days to appeal any order to the Kentucky Court if Appeals.

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

Dvo order entered 2019.. Filed appeal. Lost the appeal with one judge dissent. 2020. Dvo extended 2020. No writing finding of facts. or conclusion of law. Judge Asked opposing attorney to write a supplement order. No motions to supplement ever entered by opposing side. Venue Transfer Requested due... View More

Timothy Denison
Timothy Denison
answered on May 2, 2020

I’d wait and see what the Circuit Court does. The SC will likely deny DR.

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