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Kentucky Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: How do I get custody of my son? His grandparents were given temporary custody.

They filed for emergency custody and were awarded temporary custody. There is a hearing in 1 week, said to be the final hearing. I have not been given any instruction on anything that I would need to do in order to get him back. If there is some form that I may need to submit or something, I'm... Read more »

Timothy Denison
Timothy Denison
answered on Sep 30, 2022

You should have your lawyer file a motion for return of custody before the hearing next week.

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Real Estate Law for Kentucky on
Q: When the will is executed, am I able to buy out the home for 2/3 of the market value using the inheritance $

I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.

I was hoping to he able to move... Read more »

Timothy Denison
Timothy Denison
answered on Sep 25, 2022

No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.

1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: .Is the 50 days they have to report back to the court business days or calander days for warning order attorney?

I am filing a divorce in Kentucky in hardin county I have been trying to serve my spouse through certified mail, sheriff office, and now have file to have warning order attorney appointed.Is the 50 days they have to report back to the court business days or calander days?

Timothy Denison
Timothy Denison
answered on Sep 24, 2022

Calendar days.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Kentucky on
Q: How would child support and custody work via private sperm donation?

Hello, I’m supposed to meet a married lesbian couple soon in my home state, Tennessee (I wasn’t sure which state this should go in). They’re from Kentucky and the child would most likely be born there, however conception would happen in Tennessee. They want me to sign a contract primarily... Read more »

Timothy Denison
Timothy Denison
answered on Sep 16, 2022

It should be covered in the sperm donation contract.

1 Answer | Asked in Contracts, Family Law, Adoption and Child Custody for Kentucky on
Q: If we have a donor contract signed can a sperm donor try to take a child after it’s born in kentucky?

We want to use a sperm donor to conceive a child and we want to take all precautions legally. So if we have a donor sign a contract stating we won’t ever attempt to get support in any sort of way and he can’t have any rights to the child will kentucky uphold it? Or will a contract even legally... Read more »

Timothy Denison
Timothy Denison
answered on Sep 15, 2022

If the contract is properly prepared, it should be enforceable both ways without a problem.

1 Answer | Asked in Family Law, Child Custody and Communications Law for Kentucky on
Q: My kid father is very violent and I've been recording him and I tell him I'm recording him. He has been threatening me

and destroyed property. He is trying to take my full custody away because he's from a small town and has had sexual intimacy with the local judge. I live in Kentucky. He says I'm doing it illegally?

Timothy Denison
Timothy Denison
answered on Sep 15, 2022

Nothing illegal about it. Only one party need give consent to recording in Kentucky. If the judge you referenced is sitting on your case, ask for a new judge.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Kentucky on
Q: What course of action can I take when my kids step-father threatens me?

he has past documents from his first marriage that he was emotionally and physically abusvie. I am worried my kids are being or will be abused in the future. He also told the children who are 11 and 8 after a vacation they got henia tattoos and he told them if they ever get real tattoos he will cut... Read more »

Timothy Denison
Timothy Denison
answered on Sep 14, 2022

Take a criminal

Complaint against him for terroristic threatening, harassment, Harassing communications and menacing. You may also want to consider an EPO or an IPO against him as well.

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: Can a person go to jail for an epo/dvo if they didn’t violate and if they didn’t get served
Timothy Denison
Timothy Denison
answered on Sep 13, 2022

No. Not if you have not been served.

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: Can a person go to jail for an epo/dvo if they didn’t violate and if they didn’t get served
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 13, 2022

If they were never served at all then they had no notice of the restrictions. If they have a prior EPO or DVO that has restrictions in place and they violated a warrant can be issued for their arrest based on a new criminal charge of violating an EPO/DVO. An EPO or DVO by itself is a civil case but... Read more »

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1 Answer | Asked in Family Law for Kentucky on
Q: What steps do I need to take to file to terminate a 1-year IPO?

There was a IPO of 1 year granted against my boyfriend. I would now like to terminate it and reconcile. What steps do I need to take to file and get the right paperwork?

Timothy Denison
Timothy Denison
answered on Sep 13, 2022

File a motion in the IPO case to terminate it early.

2 Answers | Asked in Domestic Violence and Family Law for Kentucky on
Q: My daughter just turned 18 and just needs to know if she has been abused her whole life can she press charges

My daughters fathers girlfriend is the one who abused her and the father knew about it we are

Sure of my daughter wants

Justice

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 12, 2022

The short answer is yes. There is no statute of limitations for felony offenses in Kentucky. She should contact law-enforcement and they can help her with this process.

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1 Answer | Asked in Family Law and Health Care Law for Kentucky on
Q: Health insurance for a future stepchild.

I get married next month right after my wife's child turns 18; there is no agreement with the father for any support. My fiancee was primary because her birthday fell first. My fiancee no longer has health insurance as she is part-time and taking classes so she will join my health insurance... Read more »

Timothy Denison
Timothy Denison
answered on Sep 7, 2022

Your wife will have to file a motion for his contribution in her divorce/custody/child support action.

1 Answer | Asked in Family Law and Juvenile Law for Kentucky on
Q: What will happen if my 12 year old misses her first juvenile court for running away?
Timothy Denison
Timothy Denison
answered on Sep 6, 2022

They will likely issue a warrant for her and bring her before the court when she is picked up.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: I have POA of my younger sibling. Requesting full custody now and have parents verbal consent. What are our next steps?

I currently have POA of my 6 year old sibling. Our father is incarcerated and his mother is in KY (but illegal immigrant). Neither parent want this child any longer. His mother agreed to relinquish her rights and grant me full custody. She doesn’t speak English and we are trying to establish this... Read more »

Timothy Denison
Timothy Denison
answered on Sep 1, 2022

File a petition in the county in which you reside.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I have two children out of wedlock with same woman. My name is on both birth certificates.

She started a relationship with a man in England online and we live in Kentucky. Her mother lives there and next year she wants to take kids for a visit. With her new relationship overe ther I fear she may decide just to stay in England. Do I have legal rights as is to prevent that or must I take... Read more »

Timothy Denison
Timothy Denison
answered on Aug 29, 2022

F a legal proceeding concerning these children exists, you’ll need to get orders entered addressing these concerns in that case. If no proceeding exists, you’ll need to file one and get orders entered in the new case.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can someone tell me what this document means and does the father keep custody ex parte order?

WITHDRAW MS. MOHON. She has not been reinstated as an attorney as of this date.

Continue case to December 16, 2022, to see if any progress has been taken towards

finalization of this case. If not the Court reserves the right to dismiss the case without

prejudice for lack of prosecution.

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

It means the lawyer is removed from the case. The case is continued to 12/16/22 for review of finalization. If not finalized, the court may dismiss the case. If the father currently has custody, he retains such until December.

1 Answer | Asked in Family Law for Kentucky on
Q: Do i have to wait a certain time period to drop 1 year IPO

The initial court date for the 1 year ipo was less than a week ago can I go back and ask for it to be discharged or do they consider a lot more then just the petitioner asking for it to be removed

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

You can go back and ask that it be dropped whenever you want. Most courts will grant such a request unless they believe you’re being pressured into dropping it.

1 Answer | Asked in Family Law for Kentucky on
Q: In regards to dad not following court order visitation. Can I do this on my own, do I need an attorney.
Timothy Denison
Timothy Denison
answered on Aug 25, 2022

You can file a motion or you can hire an attorney to do it, whichever you prefer.

1 Answer | Asked in Family Law for Kentucky on
Q: What steps do I take to dissolve a 1 year protective order. Do i have to go back to court for another hearing?

The protective order was issued a day ago

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

Yes. File a motion to terminate it, send a copy to the opposing side, then file it with the clerk and they will give you a court date.

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