Kentucky Family Law Questions & Answers

Q: I have a three week old daughter and me and her father are separated and he has asked to take her

2 Answers | Asked in Child Custody, Divorce and Family Law for Kentucky on
Answered on Apr 3, 2019
Timothy Denison's answer
You need to establish his paternity and set up a parenting schedule before he gets to take her. At this point, he’s not legally the father.

Q: My brother is 43 yrs old has a ankle bracelet on now our mom has to come in from ga to stay with he is out of control

1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Answered on Apr 3, 2019
Timothy Denison's answer
Don’t let him do HIP at your house. They’ll take him back to jail where your mother and his kids are safe from him. You can’t get him any mental help unless and until he wants it.

Q: My daughter was born back in 2009. Could I still have a case?

1 Answer | Asked in Family Law for Kentucky on
Answered on Mar 31, 2019
Timothy Denison's answer
Highly unlikely after all this time. Statute of limitations has probably long expired but you should contact a personal injury attorney just to be sure.

Q: Do I have a legal right to access a closed case about me that occurred when I was a minor?

1 Answer | Asked in Family Law for Kentucky on
Answered on Mar 28, 2019
Timothy Denison's answer
Yes, but you will probably need a judges order.

Q: How to get guardianship of niece and nephew?

1 Answer | Asked in Family Law for Kentucky on
Answered on Mar 23, 2019
Timothy Denison's answer
The temporary custody has already been granted. It will likely remain with her, although you and she could go to probate court to establish the guardianship for the children.

Q: With power of attorney for a minor, is there any way to make that last a year?

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Answered on Mar 18, 2019
Timothy Denison's answer
You can make it last whatever duration you desire up until the child turns 18. Just include it in the power of attorney the patent signs for you.

Q: I have a 2 month old and her fathers name is not on her birth certificate. He’s hardly involved. What are his rights?

1 Answer | Asked in Family Law for Kentucky on
Answered on Mar 18, 2019
Timothy Denison's answer
None unless or until his paternity is established.

Q: What are my rights and what steps do I need to take to approach this fragile situation at hand logically?

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Answered on Mar 16, 2019
Timothy Denison's answer
Make s motion to modify the agreement and for the court to appoint a therapist to address the Patental Alienation Syndrome.

Q: Just want to pay child support but can't figure out what I would pay. Ready to end the misery.

1 Answer | Asked in Divorce, Family Law and Child Support for Kentucky on
Answered on Mar 16, 2019
Timothy Denison's answer
KRS 403.211 sets out the child support guidelines based on income. You can get a fairly good idea what to pay and then walk away from that poisonous situation.

Q: Me and my ex are getting a divorce, I am the mother he is filing for sole custody with me having no rights to them.

1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on
Answered on Mar 16, 2019
Timothy Denison's answer
Contact Legal Aid or your local bar association. They can help you fino a pro bono or reduced fee attorney.

Q: If there’s a joint will And one spouse dies Can the other spouse change the will or sell what was left to someone

1 Answer | Asked in Contracts, Estate Planning, Family Law and Elder Law for Kentucky on
Answered on Mar 10, 2019
Timothy Denison's answer
It depends on the will joint will reads. You should consult a probate and estate planning attorney who can review it and tell you how to proceed.

Q: Revoked on felony non support diversion

1 Answer | Asked in Child Support and Family Law for Kentucky on
Answered on Mar 10, 2019
Timothy Denison's answer
Hire a criminal defense attorney and let him straighten it out for you. He can probably get you more time to pay before revocation.

Q: Could a non custodial parent get jail time for owing a large sum of child support?

1 Answer | Asked in Child Support and Family Law for Kentucky on
Answered on Mar 2, 2019
Timothy Denison's answer
If he was never served, then there can’t be a valid judgment against him. If he was served and has a valid $5,000 child support judgment against him, he can absolutely go to jail for the crime of nonsupport.

Q: In KY TPR is granted. Mother appeals and overturned. Case now file with supreme court. Next steps?

1 Answer | Asked in Family Law for Kentucky on
Answered on Mar 2, 2019
Timothy Denison's answer
Now you have to wait and see if the Supreme Court accepts discretionary review of the case. First appeal review is mandatory. All subsequent reviews are purely discretionary as to whether the court hears the appeal.

Q: How do i go about regaining some sort of visitation with my daughter whom i have been alienated from for the past 8 year

1 Answer | Asked in Family Law for Kentucky on
Answered on Feb 24, 2019
Timothy Denison's answer
File a motion in the custody or divorce case to establish a parenting schedule.

Q: Kentucky law on flagrant support

1 Answer | Asked in Family Law for Kentucky on
Answered on Feb 24, 2019
Timothy Denison's answer
What is your question?

Q: Can the non custodial parent sign over his parental rights without the custodial parent agreeing to it?

1 Answer | Asked in Family Law for Kentucky on
Answered on Feb 23, 2019
Timothy Denison's answer
Highly, highly unlikely without custodial consent. Courts almost never terminate parental rights without a potential adopter such as a step parent being willing g to adopt. To do otherwise would bastardize the child.

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