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Kentucky Family Law Questions & Answers

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

Q: If a custody agreement was drafted and signed by both parties, but never signed by a judge, is it void?

Timothy Denison answered on Jun 25, 2019

It is not void, but it is unenforceable unless or until suit is filed on it and the Court adopts it.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Kentucky on

Q: What would my best course of action be? I signed a temporary guardianship of my daughter, a year ago, to my Mother.

Ive been consistently involved in her life the duration of this guardianship. I however, married and was convicted of a domestic battery misdemeanor, because my Husband and I are choosing to do counseling, etc. to recover our marriage.. (My mother doesn't approve) She has now blocked all... Read more »

Timothy Denison answered on Jun 22, 2019

File a custody petition in your county against your mother for return of the child.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on

Q: Can an agency show pictures of a case not related to the being filed about the respondent?

Timothy Denison answered on Jun 22, 2019

Qualified yes, unless the pictures are evidence of a crime or some privilege attaches to them.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on

Q: My ex and I share a 3mo son. She gets mad at me. takes the baby. She gets an epo on and says I'm not his dad she...

Gets him is there any way I can get him back before we take a DNA test? Also she has been deemed unfit twice before.

Timothy Denison answered on Jun 22, 2019

You need to file your own custody action. If she says he’s not yours, the child is not yet legally determined to be your son so you have no rights. However, if the dna proves he’s yours, then you get an order for possession and her manipulations will end!

1 Answer | Asked in Family Law and Child Support for Kentucky on

Q: I live in ky. My child's father and I are no longer dating but we still live together. I'm trying to save and leave.

Can I still file for child support?

Timothy Denison answered on Jun 21, 2019

Depends on whether he is supporting the child, which he is to some degree by virtue of paying the rent. If he’s not, then yes, I would file. If he is some, I’d probably wait til I moved out.

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

Q: Child was placed in (PPLA) IM STILL WORKING CASE AND THEY HAVEN'T TRIED TO CONTACT family members to take her

But DCBS didn't didn't make effort to contact other relitives

Timothy Denison answered on Jun 19, 2019

What is your question?

1 Answer | Asked in Criminal Law, Family Law and Child Support for Kentucky on

Q: Does Georgia extradite?

My friend was Arrested in KY. For outstanding warrants, one of which is in Georgia for non payment of child support

Timothy Denison answered on Jun 18, 2019

Yes.

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

Q: How long does Power of Attorney for Minor Children last in the state of Kentucky?

When I married my wife she has 2 kids and the father doesn't have anything to do with them or wants them. But we believe he wont sign over his rights. I just want to be able to have the school tell me information regarding them and be able to get them medical care. Was just wondering if there was a... Read more »

Timothy Denison answered on Jun 18, 2019

Your wife can give you Power of Attorney to do everything you want to do.

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

Q: If you give someone power of attorney dose it have to hold up in court?

Standard (POA) Paper was made at the McCreary county,KY court house But Judge said "Doesn't mean anything"

Timothy Denison answered on Jun 17, 2019

If you have someone a power of attorney and it was executed properly, it will stand up in court.

1 Answer | Asked in Criminal Law and Family Law for Kentucky on

Q: Daughter has an EPO on husband.Court date Thursday his family is threatening criminal charges in FBposts Intimidation?

Daughters husband n family wouldnt let her leave w/ child husband assaluted her family ganged up on her I split them up family member hit a table. She Attempted to get EPO on my daughter. It was denied. It says she can file criminal charges. They made a comment on my page that we would be doing 2... Read more »

Timothy Denison answered on Jun 17, 2019

Go to county attorney And seek warrant for intimidating a witness.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on

Q: My son father is not letting me speak to my son?

My sons father is not letting me speak to my son when I want to speak to him. He keeps saying I will arrange a time for you to speak to him. I should be able to speak to my son at anytime I want to. He ground him from his phone. The father shuts it off so I can not contact him when I need too. What... Read more »

Timothy Denison answered on Jun 17, 2019

Make a motion to hold him in contempt for interfering with your visitation.

1 Answer | Asked in Family Law for Kentucky on

Q: Visitation during summer?

How does visitation work during the summer when the father of child just only lives an hour away? Does he still get so many weeks during the summer or what can I do? My sons father as also blocked me from him his phone and has as token my sons phone. He is taking it on my son. My son had to meet... Read more »

Timothy Denison answered on Jun 17, 2019

Summer visitation is dictated by the parties agreement. It can always be modified on a motion by either party.

1 Answer | Asked in Family Law and Child Support for Kentucky on

Q: if a father keeps a job for 90 days in Kentucky is it the law that he has to carry insurance on the child?

He normally doesn’t keep a job for too long that’s why I have put him on my insurance.

Timothy Denison answered on Jun 17, 2019

No. Unless specified otherwise in the case, each parent is responsible for the insurance if reasonably available.

1 Answer | Asked in Civil Litigation, Family Law and Child Support for Kentucky on

Q: What is state law on back child support after being notified of a child after the age of 4

My brother-in-law was notified of a child that possibly was his after the age of 4 it was ordered to pay child support and back child support from the time the child was born is there a statue of limitation in the state of Kentucky how far back they can go and charge you back child support he... Read more »

Timothy Denison answered on Jun 17, 2019

The petition must’ve been filed before the age of 4 in order to collect back support. Otherwise, it runs from the filing of the petition.

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

Q: Dose a social worker from DCBS have to tell you everything that's happening with your case by law in McCreary county, KY

Dose DCBS worker by law have to tell you about all changes? Decisions made?

Timothy Denison answered on Jun 17, 2019

No. They are supposed to keep you informed, but good luck with that.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on

Q: At what age can a child say he does not want to visit the other parent?

My son is really disliking having to go to his fathers every other weekend and 1 month during the summer. His father does not do anything with him. And my son does not like his new wife. She has been getting smart with my son and tell him if he does not eat he will get in trouble and just does... Read more »

Timothy Denison answered on Jun 10, 2019

There is no magic age. The judge will listen to the child but the ultimate decision always remains with the judge.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on

Q: I've had full custody of my 14 year old daughter for 9 years mother is 8800 behind on support what can I do? In KY

Her mother lost custody when she involved her in a home invasion when she was 4, made her pee in a pill bottle at school and then stole money and credit card numbers from people at a motel she worked at. Shes never voluntarily paid child support and is now 8800.00 behind. My daughter told me she... Read more »

Timothy Denison answered on Jun 10, 2019

Take a warrant for nonsupport but assure your daughter you won’t let her mother go to jail and tell her there’s no reason for her to move to her mothers and you won’t permit it.

1 Answer | Asked in Family Law for Kentucky on

Q: Is signing into dependency in Kentucky accepting a founded abuse or neglect accusation?

I have a founded in Kentucky based on a case in Washington state. There is nothing in the current case about actions involving this child at all. If I accept dependency (I'm being instructed to) does that 'admit' to wrong doing on my part? I am disabled and a good deal of their case hinges on that.... Read more »

Timothy Denison answered on Jun 10, 2019

You should have a lawyer review anything before you sign it. It depends on the wording of the stipulation, but you could very well be admitting to substantiation or wrongdoing if you sign it without being fully aware of the ramifications.

1 Answer | Asked in Family Law for Kentucky on

Q: Wife left 2 weeks ago and took our child and won't communicate with me can I just go get my child and take him home

Timothy Denison answered on Jun 7, 2019

Better practice would dictate that you hire a lawyer and do it properly through the courts.

1 Answer | Asked in Family Law for Kentucky on

Q: Can a 16 year old get amansipated If they're in foster care

Timothy Denison answered on Jun 6, 2019

Difficult, possibleyet unlikely.

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