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Kentucky Child Custody Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Kentucky on
Q: If I voluntary give up my parental rights to my kids to their uncle can I still be in there life?

They are staying with their uncle as of now I have a cps case open and only get a hour a week with them would it be better if I signed my rights over so I can work on me

T. Augustus Claus
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answered on Aug 3, 2023

In Kentucky, if you voluntarily terminate your parental rights to your children and the court approves the termination, you will no longer have any legal rights or responsibilities as a parent. This means you will no longer have visitation rights or any say in their upbringing, and you will not be... View More

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1 Answer | Asked in Child Custody for Kentucky on
Q: How can an aunt/uncle gain temporary custody of neice due to child's parents' drug abuse and homelessness?
Timothy Denison
Timothy Denison
answered on Jul 26, 2023

That can be accomplished In DNA court by order of the presiding judge.

1 Answer | Asked in Child Custody and Child Support for Kentucky on
Q: Should my child’s father have to pay child support if he’s traveling to see him?

My child is going to be 2 soon and I recently moved to another state 6 months ago.. my child’s father didn’t bother to visit for a whole 6 months until this past weekend and I decided to bring up child support. I felt it was fair I’m living alone and pay all the bills for my toddler, if... View More

Timothy Denison
Timothy Denison
answered on Jul 25, 2023

Yes. He should still have to pay support regardless of his travel to see him.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I am 31 weeks pregnant, I am trying to get along with my child's father and he doesn't seem to want to conversate.

My child's father hasn't wanted to conversate with me since I broke up with him in March. He questions whether or not he is the father and wants a paternity test, which is not an issue. I am concerned with how things can go after our son is born, he seems to be very spiteful towards me... View More

Timothy Denison
Timothy Denison
answered on Jul 17, 2023

You need to get out and get your own place. He can’t take him before he’s born and paternity established, but I’d be looking for a custody lawyer to get prepared.

1 Answer | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: My grandma has custody of my almost 3 year old son. (My parental rights was not taken) Due to poor choices I make, no

Contact has been placed between my son and I (dcbs) I’ve been told my grandma is trying to legally adopt my son, telling her lawyer she doesn’t know where I am or how to contact me, with her doing that can she legally adopt without my consent? How can I go about finding out if a court hearing... View More

Timothy Denison
Timothy Denison
answered on Jul 16, 2023

Go to the family court clerks office in your county, take your ID and ask them to copy a complete copy of the case file in any case in which you are a named party. If she has filed anything to adopt, you will be a party to it and they will be able to locate it for you.

1 Answer | Asked in Child Custody for Kentucky on
Q: I’ve had sole custody since 2017 can dad get joint custody now?

My kids who are teenagers don’t have relationship with their dad and now dad wants joint custody. Kids have had protective order against dad and have been in and out of therapy to deal with emotional and physical abuse from dad. I’m worried judge will give him back joint custody after all this... View More

Timothy Denison
Timothy Denison
answered on Jul 12, 2023

Highly unlikely dad gets any type of custody if you have sole custody. He may get more parenting time, but unless you agree to it, dad never gets any type of custody.

1 Answer | Asked in Child Custody for Kentucky on
Q: I am the residential parent in an equal joint legal custody situation. The other custodian lives in a totally different

County. Should my child go to the Dr closer to her home residence?

Timothy Denison
Timothy Denison
answered on Jul 8, 2023

The child should go to the doctor of your choosing who has the proper credentials to treat the child. Where the dr is located is purely a matter of convenience.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: If I sign my own rights away to dcbs can I go back in later and try to fight for my rights back

My children was removed from my custody do to not have stable Housing for them and after mom's of trying I gave up signed my rights away now it's been 3 years and I have everything back together and also have 2 other children that dcbs has tried to take as well but have successfully... View More

Timothy Denison
Timothy Denison
answered on Jun 29, 2023

No. Once your rights are terminated, you cannot go back and have them reinstated.

1 Answer | Asked in Child Custody for Kentucky on
Q: Can I get custody of my youngest daughter back if I live in my oldest daughter’s house?

She’s in foster care

Timothy Denison
Timothy Denison
answered on Jun 2, 2023

You can certainly make a motion for return of custody of the youngest. If your older daughter supports this, it will make your case stronger.

1 Answer | Asked in Child Custody, Divorce, Family Law and Civil Rights for Kentucky on
Q: Video recording car / child transfer.

I support a lady from my church with driving for her daughter's transfer in KY state. The girl is around 4 years old. The place is at a gas station and close to the police station. The father is always video recording (usually places his cellphone on his shirt pocket with the lens facing... View More

Timothy Denison
Timothy Denison
answered on May 30, 2023

Let the mother report it to her legal counsel.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Do you have to file a motion to represent yourself in Family Court?

Do you have a motion to represent yourself in Jefferson County Kentucky Family Court for a trial hearing

Timothy Denison
Timothy Denison
answered on May 30, 2023

No. You can always represent yourself as a matter of right. No motion necessary.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I need help finding a free child custody lawyer am on a low income
Timothy Denison
Timothy Denison
answered on May 20, 2023

Check with your local bar association or legal aid society. They maintain lists of pro Bono and reduced fee lawyers.

1 Answer | Asked in Child Custody and Child Support for Kentucky on
Q: My child’s father moved to Florida in 2000…previous custody order when he lived in Kentucky and we shared 50/50 time

50/50 time shared when he lived in kY. New custody order has been established since and child support. He is in arrears 3500 and is attorney and him believe the taxes are still alternating since his move bc it wasn’t specified in the new custody order. He has filed contempt charges on me- and he... View More

Timothy Denison
Timothy Denison
answered on May 20, 2023

Make a motion in your divorce case to hold him in contempt for 1) arrears, 2) current support review 3) unpaid medicals and 4) your attorney fees. That’ll level the playing field pretty quickly.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can a Guardian Ad Litem drug test you without a court order or without notifying you on your first interview with them?

This is the first time I have met with them and as far as I know there is no test scheduled.

Timothy Denison
Timothy Denison
answered on May 16, 2023

No. Not without an order of the court.

1 Answer | Asked in Child Custody, Education Law and Family Law for Kentucky on
Q: Child lives with grandma for years, this year school told me that they were told I the NM was no where to be found…

NF who is her son did not technically sign him into school this year. His grandma and her husband did, they signed above the parent/guardian. Childs father signed above the other. Im not forsure what he signed for. Question is , Bc of them standing as De Facto custodian, could they do this? Every... View More

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has...
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2 Answers | Asked in Family Law, Child Custody, Education Law and Public Benefits for Kentucky on
Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?

Father is not on BC, No action has ever been through courts, ive never signed anything. Minor as loved with GP since he was 16mnths, I’ve kept contact over the years even written notes for doctors and take phone calls from hospitals giving permission to his PGM to be the one with him while they... View More

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has...
View More

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2 Answers | Asked in Family Law and Child Custody for Kentucky on
Q: Guardian, ad litem and Judge interview 14 year old son, in chambers off the record. Why would they do it off the record

When she came back into quart room, she said the total opposite of what My Son! had told her.

Timothy Denison
Timothy Denison
answered on May 11, 2023

There should be a video of these proceedings. Also, the parents should have been able to view the chambers conference through closed circuit in the courtroom.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Kentucky on
Q: I have custody of our son, the father has visitations, does he still have the ability to make legal decisions for him?

Can the non-custodial parent make medical, school, etc decisions for a child just the same as the custodial parent?

Timothy Denison
Timothy Denison
answered on Apr 27, 2023

If you have joint custody, then yes he does. If you have sole custody, then no, he does not.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I need help finding a lawyer to represent me in Kentucky with custody/visitation of my kids

My mom has custody and refuses to let me see or talk to them. I am almost a yr sober. Probation and the judge will write something to stand behind me on how well I'm doing. I'm not asking to take them back because they are doing good I just want to be in their life

Timothy Denison
Timothy Denison
answered on Apr 25, 2023

Check with your local legal aid society or bar association.

2 Answers | Asked in Child Custody and Family Law for Kentucky on
Q: If I lose custody, CPS case and it gets closed my father,(grandparent) gets custody can he allow my kids to move back in

If my dad gains full custody during a CPS case and then the case is closed can my dad allow the children to move back in with me? Do I have to have custody for my children to live with me?

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

He may be able to let them live with you depending on the constraints placed on him by CPS and the court.

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