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Kentucky Family Law Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: If I am the noncustodial parent and cs had never been enforced would I be held liable for rearages if cps got involved?

We have always been on mutual terms and I have paid my share of health and wellness and provided necessities for the child.

Taniesa Velez
Taniesa Velez
answered on Nov 6, 2022

If you have been paying child support to the other parent, ensure you have statements of proof (bank statements, money transfer app statements, etc). A parent is finically responsible for their child. CPS involvement does not change that.

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2 Answers | Asked in Family Law and Child Custody for Kentucky on
Q: My ex has custody of my teen child and is failing to provide food and a safe home for him. Can he choose to live me?

My child has provided evidence to me showing unsafe living conditions. My child routinely has to ask me for money for basic needs despite me paying child support to the other parent. My child is now expressing he wants to live in my home because he feels completely unsafe. I do not want to take... View More

Taniesa Velez
Taniesa Velez
answered on Nov 6, 2022

If your child is in an unsafe or dangerous living environment, report those concerns to CPS. Obtain a lawyer. File a motion in circuit family asking for change in parenting time and/or suspension of time for custodial parent if dangerous conditions.

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1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: If I have an adoption plan started before I give birth. Can cps take the baby from adoptive parents?

I've had my other 3 taken at birth due to drugs being in both our systems. My case was closed last week on the last baby. I started a adoption plan and have parents picked as well. Will Cps come to the hospital and take the baby from them?

Timothy Denison
Timothy Denison
answered on Apr 17, 2024

They could, yes.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: in KY My neice wants to sign over her baby when's he is born to me and my husband. So cps don't take him

She has had 3 other kids taken after birth. Just got last cps case closed. Can we just do straight out adoption from birth? And not deal with cps

Timothy Denison
Timothy Denison
answered on Apr 17, 2024

No. Unfortunately, you’ll still have to deal with cps

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: I have full custody of my 12-year-old daughter (straight A student). Why does the cabinet deny me custody of my son?

I completed the case plan and all requests made by the cabinet and judge but was denied custody of my son and my rights were involuntarily taken. Reason; The cabinet and judge replied due to the time my son was in the cabinet's custody. However, with COVID-19, multiple caseworkers were... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

I'm so sorry to hear about the difficult situation you're going through with trying to regain custody of your son. Dealing with child custody issues can be incredibly stressful and heartbreaking, especially when you feel the process has been unfair or biased.

While I don't...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: Can I adopt without parent permission if I have permanent custody since 11 months old and she is going to be 7.

I received temporary custody of this child at 2 weeks old and the mother did not comply with CPS request. When this child was just shy of her first birthday I was granted permanent custody of this child. Mother is in her life, the mother is on probation. This child is 6 years old. The father has no... View More

Timothy Denison
Timothy Denison
answered on Apr 6, 2024

Yes, you can file a contested adoption action against both parents.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Hello, I have a person that keep threatening me to call child protection services if I don't sign custody over to them.

They have gone far enough to integrate my children on video, clearly tell they were being coached.

Timothy Denison
Timothy Denison
answered on Apr 5, 2024

Report this to the authorities and let them deal with it.

1 Answer | Asked in Banking, Business Formation, Business Law and Family Law for Kentucky on
Q: I paid 17k in cash for my car. But i got the money from my friend and family. So, can i report that as my source?
Timothy Denison
Timothy Denison
answered on Apr 2, 2024

Yes. You can. You should also report any debt owed to your friends and family as well.

1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Child Custody for Kentucky on
Q: how is it possible kentucky cps can not allow us to contact with my children even on Facebook? I can’t even see pics.

A quick catch-up just from our last court date, we got lied on by CPS to the judge about being there in attendance and when they found out we were there we still wasn’t permitted to talk to the judge. The judge according to CPS stripped our last method for contact with our own children by banning... View More

Timothy Denison
Timothy Denison
answered on Mar 23, 2024

CPS cannot allow or disallow you to do anything. If the Court issued a no contact order, it is the court who intends you to have no contact, not CPS.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: When filing for child custody, in kentucky, does the county in which you file matter?

Child's mother filed for custody in Carter County, she lives in Boyd County and so do children.

Timothy Denison
Timothy Denison
answered on Mar 21, 2024

Yes. Should be county of residence. Make a motion to transfer case from Carter to Boyd.

1 Answer | Asked in Family Law for Kentucky on
Q: Someone else has guardianship of my daughter. What do I need to do to get her back.

I live in Kentucky but the case is in Michigan. There is no cps case against me. I have no criminal record. She was literally kidnapped and taken from me

Timothy Denison
Timothy Denison
answered on Mar 13, 2024

You will need to hire an attorney in Michigan and litigate the case where the child is located.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: Can a mother suggest venue, that isn't a hotel room, for a small daughter's visit with the father she doesn't know?

My daughter and 5-year-old granddaughter have a Protective (Restraining) Order against the child's father. He put both mother and daughter in the hospital five years ago (child was an infant). Last month, two 4-hour visits were the first time the child had seen him since August of 2022. Those... View More

Timothy Denison
Timothy Denison
answered on Mar 2, 2024

Make a motion to change the venue and the supervisor.

2 Answers | Asked in Estate Planning and Family Law for Kentucky on
Q: I have a couple of questions .

How do you report a lawyer for making a fake Will ? Am I aloud as a sibling to see the records of our mothers nursing home lawsuit settlement ?

Brian R Dettman
Brian R Dettman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

You might consider contacting the local prosecutor or seeking help from the Kentucky Bar. Before you do any of that I'd hire an experienced wills/trust/estate lawyer to advise you.

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1 Answer | Asked in Public Benefits, Family Law and Child Custody for Kentucky on
Q: My ex is not letting me pick my kids up even though we have a court order stating I get them on Sunday-Friday.

Can I have the sheriff help me? What can I do? I need a free lawyer?

Timothy Denison
Timothy Denison
answered on Feb 20, 2024

Contact the sheriff and give them a copy of your court order.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Kentucky on
Q: Is it a conflict of interest if a judge appts an aty that he worked with 4 years before coming a judge?

They were partners for almost 5 years before he took his seat in office as a judge. She sucked as an appeal atty and didnt put any of the arguments about false documents, or that the judge didn't follow record retention procedure. On top of that she discouraged me from doing any further... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

What you have described happened regularly and on its face is not a conflict of interest nor a violation of the judicial canons.

1 Answer | Asked in Family Law for Kentucky on
Q: As a legal guardian for 5 yrs now to a 9 yr old boy do i have a right to decide who the child goes to when i die?
Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Not unless you have full custody of or have adopted the child.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Kentucky on
Q: If my fiance and I broke up due to his drug use, he's now sober and we're together can kids dad take my kids away

My fiance and I broke up because he relapsed, he is now clean. My 4 children from my previous marriage live with me and their father states he will take full custody of them if my fiance moves back in. Can he do that ?

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Not if your new husband is clean and sober and remains so. Very difficult to change a joint custody designation.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Kentucky on
Q: do I need to change venues from original state to current state?

Spouses really took son out of state of original where minor child was born in resided, have been trying to use the court as a sword rather than shield

separated spouses are in a disillusion and a legal dispute over custody of a minor child, separated spouse has been stalking social... View More

Timothy Denison
Timothy Denison
answered on Jan 24, 2024

Venue is proper where the child currently resides.

1 Answer | Asked in Immigration Law, Family Law and Child Custody for Kentucky on
Q: How do I terminate my former fiances rights to our daughter?

She is 10 months old and he left the country right after she turned 5. We didn't live together and he only came to see her a handful of times and has messaged me once since he left about her. He is on her birth certificate and she has both our last names but I would like to drop his... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2024

You will need to file a petition to terminate his parental rights in the Circuit Court of the county in which you reside.

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