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Kentucky Family Law Questions & Answers
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.

1 Answer | Asked in Family Law for Kentucky on
Q: I need to file a motion for dismissal in Kentucky family court without an attorney. How do I do that from out of state?

I have an attorney in Kentucky and have asked them to prepare and file the motion but they are not being responsive to this request and have not been adequately or accurately representing my interests since hired. I have been remotely interviewing potential new attorneys, who have suggested that a... View More

Timothy Denison
Timothy Denison
answered on Jan 5, 2024

Write your motion to dismiss, serve copies of it on everyone in the case and mail the original to your clerks office.

1 Answer | Asked in Family Law and Adoption for Kentucky on
Q: Should file motion for default judgment?

Had 1st hearing for TPR and adoption. Bio mom said she was not served that sheriff just left paperwork. Bio dad was served in jail.

On that court date the judge personally served her and instructed her and us that she had 20 days to respond to the summons/petition.

It has been 20... View More

Timothy Denison
Timothy Denison
answered on Jan 4, 2024

File a motion for default judgment against both parents.

1 Answer | Asked in Family Law for Kentucky on
Q: Me and my wife have temporarily guardianship of a child, we planned to keep her until 18th birthday but only one parent

Signed the papers because we didn’t know that the parents were still legally married but separated, now the father is wanting the child. The child doesn’t mind to spend time with the father just doesn’t want to live with him 24/7 cause he just recently became a part of her life.

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

You’ll have to litigate it against dad as either a custody action or as an adoption/termination action for resolution.

1 Answer | Asked in Family Law for Kentucky on
Q: I am in Ky. My son is 12. I have guardianship. My ex has visitation every other weekend. Problem. He does not want to go

Can they force me to take him to her if he refuses ?

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

He has to go until and unless the Court changes the parenting time order. Otherwise, you could be in contempt of court.

1 Answer | Asked in Family Law for Kentucky on
Q: I live in Kentucky. I took my 2 daughters to Indiana to dance class and cps was called over Tylenol.

I live in Kentucky and took my 2 daughters to Indiana to dance class. My 8 year old asked an employee to open a bottle of Tylenol and CPS was called. Indiana is telling me that I have to take both children to meet with them in Indiana. Is this out of their jurisdiction since we live in... View More

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

Unless it negatively affects your daughters dance practices, I probably would not take them to Indiana nor make them available to CPS.

1 Answer | Asked in Family Law for Kentucky on
Q: I live in Kentucky with my daughters and CPS in Indiana wants me to bring them to Indiana bc of Tylenol at dance class.

I live in Kentucky and was visiting Indiana to take my daughters to dance class. While at dance class, my daughter that is 8 years old asked a employee at the dance class to open a Tylenol bottle for her and CPS was called. Now, indiana is wanting me to bring both children to Indiana to meet... View More

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

There are probably various opinions on this issue. Unless it will negatively affect your daughter’s dance lessons, I probably would not meet with them. Theres no wrongful activity but once you engage with them, they will consistently make your life miserable for no reason.

1 Answer | Asked in Family Law and Juvenile Law for Kentucky on
Q: I am male age 17, I will be 18 on January third but will still be in highschool. Am I alloud to move out automatically
Timothy Denison
Timothy Denison
answered on Dec 14, 2023

Once you turn eighteen (18), you may go and do as you please.

1 Answer | Asked in Family Law for Kentucky on
Q: I live in Kentucky, and my ex lives in Indiana. She just sent me a letter for a tax offset. For child sppt. What is this

I received the tax offset letter from my ex who lives in Indiana. The letter is from the prosecutors office stating that I have 30 days to pay the $13,000. It also stated that they can go after my wife’s money as well. I’m trying to avoid that at all costs. What are my options if I cannot pay... View More

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Check with your tax preparer to see what filing options and other resources may be available to you.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If petitioner ask the other party to take a drug test, can the other party ask that the petitioner take one too

Plus their spouse

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Other party, yes. Spouse: need evidence of wrongdoing on part of spouse to get test.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: My brother and his girlfriend wanna give me there baby what do I need to do? An will cps be involved?

My brother an his girlfriend have a baby he just turned 1 they both say they can't care for him mentally or financially an there splitting up and wanna give him to me there asking me if cps would have to be involved? and if so would they let me keep him? They don't want him in foster care... View More

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

You can file a custody action and do it all by agreement, most likely without any intervention from CPS.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Kentucky on
Q: If I talk to the birth mom about relinquishing rights to her daughter so I can adopt her

Can I tell her I will see about getting her child support and back support forgiven or would that be coercion I’ve had permanent custody almost 2 years and the child’s been with me 3 years

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

You have to be very careful with this type of thing. You should have your lawyer broach this issue with her rather than doing it yourself.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If the father of his unborn children is deceased and the mother who is pregnant is incarcerated. Who gets custody?

If the mother of the deceased wants to get full sole custody how does that work in filing a petition for custody in court?

Timothy Denison
Timothy Denison
answered on Nov 27, 2023

She will need to file a dependency action in the county in which the child resides.

1 Answer | Asked in Family Law for Kentucky on
Q: It I have 50/50 custody n the child father will be out of town his whole visitation time do I have to release my child

To the fathers mom

Timothy Denison
Timothy Denison
answered on Nov 26, 2023

Most likely yes. Depends on the language of your property settlement agreement.

1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on
Q: Do I legally have to send my 6-year-old to his father’s house when he doesn’t want to go? 50/50 custody, no set days

My son is 6. His dad & I co-parent & are both very present in his life, which is why we settled on 50/50 custody & no specific set days- we knew we could get along to do so. Fast forward, now my son’s dad is remarried & his new stepson has severe behavior/authority issues and... View More

Timothy Denison
Timothy Denison
answered on Nov 17, 2023

Yes. You do until the court changes or modifies the parenting schedule.

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