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Kentucky Family Law Questions & Answers
1 Answer | Asked in Family Law and Small Claims for Kentucky on
Q: My ex and I both signed an adoption agreement for a puppy. Does he have the right to take her away from me?

I have solely financially supported her in vet visits, training programs, food, toys everything she needs. My name is on all of her records with the vet, rescue, training, day care.

Timothy Denison
Timothy Denison
answered on Jun 2, 2023

No. But if you can’t agree on time with the puppy, you will have to file a civil suit for the court to determine parenting time.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: Would the husband of a remarried woman with kids still be considered a "paramour" legally?

My girlfriend and I are considering marriage. There is a clause in her divorce stating she may not have overnights with a paramour while the kids are around. After marriage, would I (her then husband) still be considered a paramour?

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

There are two generally accepted definitions of a paramour, neither of which would apply if you marry your girlfriend.

One definition--occasionally used in family law situations--is the illicit romantic or sexual partner of a married individual. Sometimes, in divorce proceedings, a divorce...
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1 Answer | Asked in Family Law and Probate for Kentucky on
Q: I'm in need of help. My 17 year old daughter passed away on Dec. 1,2022. I didn't have custody of her someone else does.

Who has the say so over the funeral arrangements etc?

Timothy Denison
Timothy Denison
answered on May 31, 2023

You should have direct input into her final details.

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 for Kentucky on
Q: Co parent filed motion for me im to have parental capacity assessment and drug test

I filed motion for co parent to do test . She court ordered me to but not him. Im on ssi and co parent is using this for the reason to suspend parental rights that cost $1200 I only make $914 what can I do I can’t afford this

Timothy Denison
Timothy Denison
answered on May 25, 2023

Make a motion for the coparent to pay for the test or at least advance the costs. Then, after the screens are negative, renew your motion for coparent yo pay for test.

1 Answer | Asked in Divorce, Family Law and Child Support for Kentucky on
Q: My exhusband left to mexico for 2 months and got behind on cs.

I get cs directly from the cs office and once he came back, the payments picked up again. However, I have yet to receive any makeup payments from the time he was gone. How do I go about getting the cs I’m owed from his time out of the country? Do I contact the cs office or go to him directly and... View More

Timothy Denison
Timothy Denison
answered on May 23, 2023

Ask directly first and then go to child support if he doesn’t pay.

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 Estate Planning and Family Law for Kentucky on
Q: There is a will that states everything split equal my sister and her husband are living in the house that is in probate

Instead of them moving out when my mother passed away they choose to live there til the house sells but now are wanting me to split utility and mowing of the yard. I don't think that's fair

Timothy Denison
Timothy Denison
answered on May 17, 2023

Sell the house and divide everything equally or one of you buy the other out.

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...
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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 Family Law for Kentucky on
Q: Boyfriend had marijuana hidden in drawer at my home CPS wants to file a petition to courts against me for my kids

My boyfriend was arrested outside my home on a failure to appear police came inside and searched without a warrant and found marijuana in his drawer he took claim to it and I didn’t know about it cps got involved because my 2 teens were here they asked me to drug test I did and passed but they... View More

Timothy Denison
Timothy Denison
answered on May 5, 2023

Hire a lawyer and defend the petition. Sounds like a very winnable case and then you may be able to sue CPS.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Kentucky on
Q: Question regarding property, nursing home medicaid, and eviction.

A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... View More

Timothy Denison
Timothy Denison
answered on May 3, 2023

If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Kentucky on
Q: What To do when CPS nor anyone else informed you of your first four court hearings.

CPS lied literally lied in court concerning the entire petition. I've never been in trouble before yet they gave temporary custody to my ex whom has been banned for 6 months once from the kids he's Ben in jail alot as to rehab yet I've never been n jail never failed a drug screen but... View More

Timothy Denison
Timothy Denison
answered on May 2, 2023

Hire a civil rights attorney and sue everyone involved.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What happens if my wife brings me home before the judge has ruled on a DVO amendment? Can there be a search warrant?

Wife filed a DVO four months ago.

And decided to tell me she wants me back home and doesn’t want to divorce. We have a newborn together as well. She brought me home recently in the hopes it would be amended.

Turns out judge said no.

Can there ever be a random search for... View More

Timothy Denison
Timothy Denison
answered on May 1, 2023

You are violating the DVO by returning home before it is amended. If anyone reports it or if the police are called and find you there, you will likely be arrested and charged with violating the dvo. You should go somewhere else to stay, hire a lawyer to get the dvo amended, and not have any... View More

1 Answer | Asked in Family Law for Kentucky on
Q: Court proceedings, and ad guardian litium

If you were in a court proceeding due to a false EPO, and it was proven to be lies, and it was dismissed by the judge, but she appointed a guardian for your child, due to the fact that his school closed, and he was to report to him to let the judge know what school he decided on if there are other... View More

Timothy Denison
Timothy Denison
answered on Apr 30, 2023

The GAL has to be reappointed in each case. It is not a continuing ir standing appointment.

1 Answer | Asked in Family Law for Kentucky on
Q: If someone filed a different motion in a different court proceeding does previous Gal automatically have rights to child

There was a false EPO filed six months ago, but dismissed. My son was starting a new school that we had not decided on which one so the judge appointed a gal for him to contact when he made the decision so she would know what he chose there has been some new motions filed so there will be another... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2023

No. The GAL is not automatically reappointed.

1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: My case for custodial interference was heard by a grand jury in May of 2022. The grand jury still has made a decision

Custodial interference case was sent to the grand jury in April or May of 2022. The grand jury along with prosecutor met with me, asked questions, and that was the end. We are approaching a year, and the grand jury has yet to return a true bill or no bill.

(Felony custodial interference -... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2023

Highly unlikely that you will be indicted on custodial Interference charges in Kentucky.

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