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Kentucky Family Law Questions & Answers
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.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: If the judge was a partner with your underage son's lawyer in a cps case does that make it a conflict of interest

And if not then please tell why. Because I'm not sure what they call my son's lawyer Cosgrove or something but isn't he supposed to remain neutral but yet files a motion against me to overturn my answer for no for my one and a half year old son to be taking out of the country for a... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

No.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: What are papers called for filing?

2015 in Fayette county I lost my kids due to a relapse. My mom got them, two months later I ended up in the hospital for months. The case was closed and my moms papers say temporary custody until children are 18. We are from Boyd Co. so after my hospital stay I came home to Boyd. I’ve been clean... View More

Timothy Denison
Timothy Denison
answered on Nov 11, 2023

You’ll need to file a motion for return of custody in the Fayette County case.

1 Answer | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: How can I petition the courts of KY(CPS more specifically )for contempt, without an attorney? I live in another state.

The judge ordered a new home study to be done for my home and for me to be included in my nieces counseling via zoom/phone appointment bc I live in another state. Within two weeks, case was closed nothing ordered and placement of my nieces have been settled. How can that happen? I've been... View More

Timothy Denison
Timothy Denison
answered on Nov 10, 2023

You’ll have to file a written motion for contempt, serve it on everyone and see if they will let you appear by zoom. If not, you will have to come in person.

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: If I petition to adopt my cousin I’ve got permanent custody of how much should it cost estimated roughly

She was in the foster systems for almost 2 months

Timothy Denison
Timothy Denison
answered on Nov 8, 2023

Roughly, $2000 to $2500

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: I’ve had permanent custody of my cousin since May 2022 can I adopt her and what steps do I need to take

My cousin was removed in April 21 and was in state care til June 21 I was granted temp custody then in May of 22 I was granted sole permanent custody her mom has not had visits since July 21 (per therapist orders) and has had virtually no contact since October 22 (we saw her on Halloween 22 and she... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2023

Yes. You can adopt her. File a petition for Adoption in your county of residence naming the mother, father and child as defendants.

1 Answer | Asked in Family Law and Juvenile Law for Kentucky on
Q: how can i move out at 16 while pregnant.

i am 16 and so is the father of my baby and my mom told me that until i am 18 she will keep my boyfriend from me and his baby and shell "make it miserable for us".can she legally do that?please tell me what i can do.im finishing school and my environment is not fit for my baby.

Timothy Denison
Timothy Denison
answered on Nov 6, 2023

You can file a petition for emancipation in the district court of the county in which you reside but it may be difficult to have granted without your parent(s) on board.

1 Answer | Asked in Family Law for Kentucky on
Q: I am 15 and am in a diversion program. My parents are going to file a status complaint. what are the possible outcomes?

it was a vape i got caught with in school

Timothy Denison
Timothy Denison
answered on Oct 31, 2023

Penalty ranges if from nothing to incarceration. Likely, not much will

Happen.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Kentucky on
Q: Can I request an EOP and keep my child from my ex wife?

My ex wife was arrested for domestic violence against her current husband on Oct 16 2023. I had my daughter at the time and dropped her off the following Saturday and my ex told me nothing about it. When I picked my daughter up this Saturday she finally told me what happened and she was out on... View More

Timothy Denison
Timothy Denison
answered on Oct 29, 2023

Not without getting permission from the court first. Make a motion to limit their contact in the divorce case while the criminal case proceeds.

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1 Answer | Asked in Family Law for Kentucky on
Q: My partner bought her daughter, my step daughter, a vape pen. She is only 15 years old. We live in KY. Is this illegal?

I found out from my step daughter that her mother, my partner, bought her a nicotine vape pen. She said she was curious and just asked, and she said ok. For multiple reasons, I have decided to leave the relationship. Personally I am torn on whether or not to report it. I love my child as if they... View More

Timothy Denison
Timothy Denison
answered on Oct 27, 2023

Technically, it is not illegal but I agree it is a poor practice. You are under no obligation to report anything to anyone. If you are leaving the relationship, I would not report it. Looks retaliatory. If this kind of conduct continues, it will come out in the wash anyway.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My son turns 18 in 30 days. can his dad ground him from everything at my house, even going to the gym with me?

He makes him share his location, will not allow him to do anything but school and work. Our twins live with me. I have 70 percent custody but he told them at 16 they didn’t have to come on his days anymore. This punishment is because he posted a pic on Snapchat he didn’t like and told him to... View More

Timothy Denison
Timothy Denison
answered on Oct 22, 2023

No. He cannot ground him for anything g while at your house.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Background

Can your part criminal records be used as evidence in family court .

Timothy Denison
Timothy Denison
answered on Oct 20, 2023

Yes indeed. Absolutely.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If my husband put the down payment on our first house is he entitled to all of it back if we divorce in Kentucky?
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answered on Oct 18, 2023

In Kentucky, during a divorce, property division is typically based on equitable distribution, not necessarily giving the full value of the house to the spouse who made the down payment. Various factors, including contributions from both spouses, are considered. For personalized legal advice... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Proving someone’s character/custody

When a person has a LONG list of convictions, currently on parole, prior charges that were also violent. Including wanton on officer 1st. What’s some evidence to show a judge that someone may not be the one who is “Best Interest” They lied on 2 Motions filed, lied about my appear (hair color)... View More

Timothy Denison
Timothy Denison
answered on Oct 16, 2023

Your lawyer will be able to explain everything he needs for you to hopefully win the case.

1 Answer | Asked in Family Law for Kentucky on
Q: can cps remove newborn from my custody over a hair follicle test being positive for meth but have been drug testing

clean from all substances for two months and baby and mother systems both clean at the time of delivery

Timothy Denison
Timothy Denison
answered on Oct 13, 2023

Yes. They can.

1 Answer | Asked in Family Law for Kentucky on
Q: If me and my sons father have joint custody do we have equal sharing time
Timothy Denison
Timothy Denison
answered on Sep 30, 2023

Not necessarily. Could be any combination of parenting times.

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