Non-married parents. previous case with cabinet but ended with custody returned to both parties, with no parenting schedule. M. has had child majority of time til about 1 year where time was split equal. But we are going to court and I didnt file first and now our child is in his physical custody.... View More 
answered on Aug 27, 2023
No. Filing first simply means you filed first. The custody will always be decided on the merits snd never on who filed first.
I am providing POA for one of my children. I am concerned that if I am unable to sign myself into the hospital during an emergency and they sign me in as my POA and I die, will they be liable for any of my expenses instead of my estate
answered on Aug 25, 2023
No. You will remain the liable party regardless if you signor they dign as POA
My girl was a surrogate for her sister and husband by artificial insemunation.
Years later was informed it was my child. They all pretended it was a surrogate birth however it was not.
I was purposely lied to because girlfriend did not want to raise another baby.
It's... View More
answered on Aug 20, 2023
No. You do not have any paternal rights. You. Need to move fast and file a fraud lawsuit against st everyone invoked. Your time starts to fun on the day after you discovered they had defrauded you.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023
In Kentucky, the legal age of majority is 18, which means that individuals under 18 are considered minors. Minors typically cannot sign themselves out of legal guardianship or make decisions about their living arrangements without parental or guardian consent.
If you are facing a difficult... View More
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
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.
DVO issued, he was charged and is sentenced to 2 years in prison.
answered on Jul 9, 2023
Typically, in a domestic violence order, the abuser can have no contact with multiple people, including significant others and children. People who are victims or not under a no contact order. It sounds like if he went to prison for two years, he was also charged with crimes, which are far more... View More
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?
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... View More
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
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
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
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
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
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
How is it she is entitled to get that money back if i have to buy her half out if it not a marital asset. That makes absolutely no sense whatsoever. It was his house,he sold it,even if her name was on it or it was gonna be left to her in his will. If inheritance cant be shared by divorcing spouses... View More
answered on Mar 20, 2023
It is possible to make an argument that the down payment was a gift to the marital estate. However, if dad testifies that this was not the intent, the check was made out to daughter only not to daughter and husband, it is likely non-marital. Inheritances are usually non-marital and separate... View More
We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... View More
answered on Feb 26, 2023
She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you... View More
Kids in question are 16,14 & 13
answered on Feb 23, 2023
Hello,
If you already have an open custody case, you will need to file a motion requesting the Court to enter an order prohibiting the kids from moving out of state.
If you do not have a custody action open, you will also need to file a petition, then the above mentioned motion... View More
She gave birth on cocaine,courts placed kids with us.She skipped all court.Years later taking me to court for custody.Failed to mention she and her mother lied to hospital saying kids lived with ME to get baby released.They both skipped court.Now I pay a lawyer for court she’s dragged me into as... View More
answered on Jan 2, 2023
Yes. She can take you to court if she is the mother of the children. Yes. It is legal. If her request is denied or determined frivolous, you could be awarded your attorney fees insured.
answered on Dec 31, 2022
File a petition for emancipation in the district court of the county in which you live.
She came to the usa in 2019 on a K1 visa, we were married and applied for adjustment of status, we received a deny notice in April 2022 due to previous visa fraud issues on her part which I was unaware of, in September 2022 we received final denial of her AOS, once I explained to my wife what our... View More
answered on Dec 5, 2022
Ideally you should hire an attorney who practices both immigration and family law. This way the attorney will be able to make sure the grounds for the divorce are appropriate (limiting your wife's ability to sponsor herself for a green card) and protect you as to any potential spousal support... View More
What happened to the second time you violate any Epo ? Does it turn into a felony?
answered on Dec 4, 2022
In Kentucky, violation of an EPO constitutes contempt of court which is prosecuted as a Misdemeanor A (can be jailed up to 365 days on conviction). There is no enhancement of this misdemeanor penalty to felony.
force her to leave.dose she have any clame on the house
answered on Nov 26, 2022
Depends on how title to the property is held; whether daughter has contributed any money to the house over the 20 years. She most likely has a claim of some degree that can keep her there. She needs to talk to a lawyer immediately.
There is a DVO in effect, Should I be worried for an arrest ? This happened 3 days ago . Or how does a complain work ?
answered on Nov 25, 2022
Doubtful anything will come if it as you did the right thing by going the other way when you saw her. That is the advice judges usually give when issuing a dvo. If there was no contact nor communication, you should be safe.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
