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Kentucky Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Kentucky on
Q: Can I have my rights taken from me?In Kentucky that is. If I haven't even been determined to be the Father yet?

I have taken the Paternity test already. They told me they would call me in 2 weeks. But everyone else I've asked said there test was mailed to them. Then 6 days before my results were here. I get my rights taken anyways. Wtf?

Timothy Denison
Timothy Denison
answered on Dec 31, 2023

You don’t have any rights until after you are determined to be the father.

1 Answer | Asked in Child Custody for Kentucky on
Q: How do I put my name on my child’s birth certificate since I wasn’t there when he was born?

The father’s name section is left blank on the birth certificate because I wasn’t present when my child was born. Now the mother and I have agreed to get my name put on the birth certificate but I want to know the legal way to get it done. My child was born In Illinois. Thanks

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

You’ll need to file a paternity/custody action to establish paternity and thereafter you can be added to the birth certificate once paternity is established.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can I have our joint custody order modified to grant me sole physical custody while my ex is in a 6 mo rehab program?

My ex and I have been divorced for 7 years. He is a recovering alcoholic who has, in the last year gained a substance abuse problem. Our daughter is 13 and has recently stopped going to his house because she no longer felt safe. There was open drug use, people constantly in and out, and constant... View More

Timothy Denison
Timothy Denison
answered on Dec 20, 2023

You can file that anytime. You will still need to send him notice of everything you do. It will be up to the court as to how and when to proceed further.

1 Answer | Asked in Child Custody for Kentucky on
Q: Who has jurisdiction in an open custody case the state where there's an open case or where the children live?

My ex wife was granted permission to move to Tennessee back in 2021 with a court order which had a custody agreement along with it. We are currently going to court in kentucky over this matter but she has also filed in Tennessee

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

Theoretically, both. The Courts will need to confer and decide which will be handling the case.

1 Answer | Asked in Child Custody for Kentucky on
Q: I live in ky we have custody of the kids 4 years there mom lost it throught cps will she get it back
Timothy Denison
Timothy Denison
answered on Dec 15, 2023

Depends whether she has fully complied with her treatment plan. Most likely, no.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can Tennessee gain jurisdiction over an on going custody case in kentucky?

My ex wife is a resident in Tennessee we have an open court case in kentucky I live in the state of kentucky

Timothy Denison
Timothy Denison
answered on Dec 14, 2023

Most likely not if the child is located in Kentucky.

1 Answer | Asked in Adoption and Child Custody for Kentucky on
Q: Once I get an attorney to adopt my cousin I have permanent custody of what will the hearing look like

Both if bio parent’s voluntarily sign away rights or don’t sign away rights

Timothy Denison
Timothy Denison
answered on Dec 11, 2023

If the patents sign away their rights, there won’t be a hearing. If they do not, the court will take testimony to determine whether the parents rights will be terminated.

1 Answer | Asked in Adoption and Child Custody for Kentucky on
Q: Can I petition for sibling visitation rights for the 2 kids I’m adopting? They aren’t getting to see their sister.

I’m adopting 2 of my sisters children, after a voluntary terminated her rights.(ages 12 & 10) The other 2 kids were returned to fathers. (All kids have different dads). We have visitation rights with one child via mediation( age 7) but the other child we are not getting to see (age 4). All 4... View More

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Yes. You can.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If petitioner ask the other party to take a drug test, can the other party ask that the petitioner take one too

Plus their spouse

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Other party, yes. Spouse: need evidence of wrongdoing on part of spouse to get test.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: My brother and his girlfriend wanna give me there baby what do I need to do? An will cps be involved?

My brother an his girlfriend have a baby he just turned 1 they both say they can't care for him mentally or financially an there splitting up and wanna give him to me there asking me if cps would have to be involved? and if so would they let me keep him? They don't want him in foster care... View More

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

You can file a custody action and do it all by agreement, most likely without any intervention from CPS.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Kentucky on
Q: If I talk to the birth mom about relinquishing rights to her daughter so I can adopt her

Can I tell her I will see about getting her child support and back support forgiven or would that be coercion I’ve had permanent custody almost 2 years and the child’s been with me 3 years

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

You have to be very careful with this type of thing. You should have your lawyer broach this issue with her rather than doing it yourself.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If the father of his unborn children is deceased and the mother who is pregnant is incarcerated. Who gets custody?

If the mother of the deceased wants to get full sole custody how does that work in filing a petition for custody in court?

Timothy Denison
Timothy Denison
answered on Nov 27, 2023

She will need to file a dependency action in the county in which the child resides.

1 Answer | Asked in Child Custody for Kentucky on
Q: I have permanent custody of my niece and nephew since birth. Nothing from parents. Can they take the kids away from me.

The parents left the children at the hospital after birth. Both kids were highly addicted to drugs at birth. Iv not heard from the parents over a year in a half. Now the mother (my sister) is trying to take them away. She has neglect and abuse charges on her over the babys. Can she take them away... View More

Timothy Denison
Timothy Denison
answered on Nov 26, 2023

Highly unlikely she is able to take them from you. You are clearly the defacto custodian.

1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on
Q: Do I legally have to send my 6-year-old to his father’s house when he doesn’t want to go? 50/50 custody, no set days

My son is 6. His dad & I co-parent & are both very present in his life, which is why we settled on 50/50 custody & no specific set days- we knew we could get along to do so. Fast forward, now my son’s dad is remarried & his new stepson has severe behavior/authority issues and... View More

Timothy Denison
Timothy Denison
answered on Nov 17, 2023

Yes. You do until the court changes or modifies the parenting schedule.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If the judge was a partner with your underage son's lawyer in a cps case does that make it a conflict of interest

And if not then please tell why. Because I'm not sure what they call my son's lawyer Cosgrove or something but isn't he supposed to remain neutral but yet files a motion against me to overturn my answer for no for my one and a half year old son to be taking out of the country for a... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

No.

1 Answer | Asked in Child Custody for Kentucky on
Q: Need an exact form

I need to file return of custody with the courts and am looking for the exact form name and or details to locate it to get custody back of my children because in 2015 my mom was granted temp custody until kids turn 18.

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

There is no form per se. You file a motion for return of Cious today setting out all the reasons custody should be returned to you and serve it upon all parties. You may want to hire a lawyer to do this for you.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: What are papers called for filing?

2015 in Fayette county I lost my kids due to a relapse. My mom got them, two months later I ended up in the hospital for months. The case was closed and my moms papers say temporary custody until children are 18. We are from Boyd Co. so after my hospital stay I came home to Boyd. I’ve been clean... View More

Timothy Denison
Timothy Denison
answered on Nov 11, 2023

You’ll need to file a motion for return of custody in the Fayette County case.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: How can I petition the courts of KY(CPS more specifically )for contempt, without an attorney? I live in another state.

The judge ordered a new home study to be done for my home and for me to be included in my nieces counseling via zoom/phone appointment bc I live in another state. Within two weeks, case was closed nothing ordered and placement of my nieces have been settled. How can that happen? I've been... View More

Timothy Denison
Timothy Denison
answered on Nov 10, 2023

You’ll have to file a written motion for contempt, serve it on everyone and see if they will let you appear by zoom. If not, you will have to come in person.

1 Answer | Asked in Adoption and Child Custody for Kentucky on
Q: how to adopt an abandoned child

so my little sisters mom dropped my 4 year old sister off to me and said she didnt want her anymore and gave me a notarized guardianship over my sister. her mom has not reach out to me in 2months now what can i do to adopt my sister or what do i need to do the father of my sister which was also my... View More

Timothy Denison
Timothy Denison
answered on Nov 1, 2023

File a petition to adopt in the county in which you reside. You will need to have had Possession of your sister for six months before you can file.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Kentucky on
Q: Can I request an EOP and keep my child from my ex wife?

My ex wife was arrested for domestic violence against her current husband on Oct 16 2023. I had my daughter at the time and dropped her off the following Saturday and my ex told me nothing about it. When I picked my daughter up this Saturday she finally told me what happened and she was out on... View More

Timothy Denison
Timothy Denison
answered on Oct 29, 2023

Not without getting permission from the court first. Make a motion to limit their contact in the divorce case while the criminal case proceeds.

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