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Kentucky Family Law Questions & Answers
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.

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.

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