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Kentucky Family Law Questions & Answers
1 Answer | Asked in Child Custody, Education Law and Family Law for Kentucky on
Q: Child lives with grandma for years, this year school told me that they were told I the NM was no where to be found…

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

Todd B. Kotler
Todd B. Kotler
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...
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2 Answers | Asked in Family Law, Child Custody, Education Law and Public Benefits for Kentucky on
Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?

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

Todd B. Kotler
Todd B. Kotler
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

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2 Answers | Asked in Family Law and Child Custody for Kentucky on
Q: Guardian, ad litem and Judge interview 14 year old son, in chambers off the record. Why would they do it off the record

When she came back into quart room, she said the total opposite of what My Son! had told her.

Timothy Denison
Timothy Denison
answered on May 11, 2023

There should be a video of these proceedings. Also, the parents should have been able to view the chambers conference through closed circuit in the courtroom.

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1 Answer | Asked in Family Law for Kentucky on
Q: Boyfriend had marijuana hidden in drawer at my home CPS wants to file a petition to courts against me for my kids

My boyfriend was arrested outside my home on a failure to appear police came inside and searched without a warrant and found marijuana in his drawer he took claim to it and I didn’t know about it cps got involved because my 2 teens were here they asked me to drug test I did and passed but they... View More

Timothy Denison
Timothy Denison
answered on May 5, 2023

Hire a lawyer and defend the petition. Sounds like a very winnable case and then you may be able to sue CPS.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Kentucky on
Q: Question regarding property, nursing home medicaid, and eviction.

A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... View More

Timothy Denison
Timothy Denison
answered on May 3, 2023

If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Kentucky on
Q: What To do when CPS nor anyone else informed you of your first four court hearings.

CPS lied literally lied in court concerning the entire petition. I've never been in trouble before yet they gave temporary custody to my ex whom has been banned for 6 months once from the kids he's Ben in jail alot as to rehab yet I've never been n jail never failed a drug screen but... View More

Timothy Denison
Timothy Denison
answered on May 2, 2023

Hire a civil rights attorney and sue everyone involved.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What happens if my wife brings me home before the judge has ruled on a DVO amendment? Can there be a search warrant?

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

Timothy Denison
Timothy Denison
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

1 Answer | Asked in Family Law for Kentucky on
Q: Court proceedings, and ad guardian litium

If you were in a court proceeding due to a false EPO, and it was proven to be lies, and it was dismissed by the judge, but she appointed a guardian for your child, due to the fact that his school closed, and he was to report to him to let the judge know what school he decided on if there are other... View More

Timothy Denison
Timothy Denison
answered on Apr 30, 2023

The GAL has to be reappointed in each case. It is not a continuing ir standing appointment.

1 Answer | Asked in Family Law for Kentucky on
Q: If someone filed a different motion in a different court proceeding does previous Gal automatically have rights to child

There was a false EPO filed six months ago, but dismissed. My son was starting a new school that we had not decided on which one so the judge appointed a gal for him to contact when he made the decision so she would know what he chose there has been some new motions filed so there will be another... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2023

No. The GAL is not automatically reappointed.

1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: My case for custodial interference was heard by a grand jury in May of 2022. The grand jury still has made a decision

Custodial interference case was sent to the grand jury in April or May of 2022. The grand jury along with prosecutor met with me, asked questions, and that was the end. We are approaching a year, and the grand jury has yet to return a true bill or no bill.

(Felony custodial interference -... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2023

Highly unlikely that you will be indicted on custodial Interference charges in Kentucky.

1 Answer | Asked in Family Law and Wrongful Death for Kentucky on
Q: My child was left home alone with a loaded gun and committed suicide. Can I sue his custodian for wrongful death?

I lost custody to my ex (who is not the father of the victim). He has a history of leaving his gun where it is easily accessable to the children. I have copies of emails that I sent him prior to the incident about how I was worried about the childrens safety. Leading up to his death , my depressed... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2023

You can certainly try, yes.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Kentucky on
Q: I have custody of our son, the father has visitations, does he still have the ability to make legal decisions for him?

Can the non-custodial parent make medical, school, etc decisions for a child just the same as the custodial parent?

Timothy Denison
Timothy Denison
answered on Apr 27, 2023

If you have joint custody, then yes he does. If you have sole custody, then no, he does not.

1 Answer | Asked in Family Law for Kentucky on
Q: Can an epo be dropped on my kids and left on my ex wife
Timothy Denison
Timothy Denison
answered on Apr 25, 2023

It can be, yes, but it is up to the Court.

1 Answer | Asked in Family Law for Kentucky on
Q: My ex wife got a epo on me and it’s been almost 6months Can i ask a judge to drop the epo on my children and leave i

It on my ex wife

Timothy Denison
Timothy Denison
answered on Apr 25, 2023

You can ask but most likely the judge will not modify it.

1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I need help finding a lawyer to represent me in Kentucky with custody/visitation of my kids

My mom has custody and refuses to let me see or talk to them. I am almost a yr sober. Probation and the judge will write something to stand behind me on how well I'm doing. I'm not asking to take them back because they are doing good I just want to be in their life

Timothy Denison
Timothy Denison
answered on Apr 25, 2023

Check with your local legal aid society or bar association.

2 Answers | Asked in Child Custody and Family Law for Kentucky on
Q: If I lose custody, CPS case and it gets closed my father,(grandparent) gets custody can he allow my kids to move back in

If my dad gains full custody during a CPS case and then the case is closed can my dad allow the children to move back in with me? Do I have to have custody for my children to live with me?

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

He may be able to let them live with you depending on the constraints placed on him by CPS and the court.

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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: My step mother filed an epo order on me stating a bunch of false allegations. They came to my brothers house and took he

Her. Her father tried to go get her as we are not together and they would not allow it. What do I need to do?

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

Hire a lawyer to defend the epo and don’t worry about what happens to her.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Kentucky on
Q: What can I do if the CPS worker an her police husband have clearly been actively harassing my family and my neighbors?

Just found out that an investigation has been opened and I have been summoned to court over a active chfs case in Kentucky that was alleged against my fiance dropping my son off and my neighbor finding him sleeping behind a dumpster as a neglect and abuse case. However my neighbor, has been adamant... View More

Timothy Denison
Timothy Denison
answered on Apr 19, 2023

Hire a civil rights attorney and sue them

Both.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kentucky on
Q: Can the State of Kentucky put a lien on my deceased mother's property for unpaid medical bills?

My mother recently passed while still owing on her property in Madison County, KY. The State of KY was her guardian prior to death and she died with no will. I'm her only living relative and I went to probate court and was granted Petition/Order to Dispense With Administration, and am now... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2023

You will have to open probate to be able to make any transfers of the real property or the vehicles. A disprr we NDR eith administration will not get that done for you.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Kentucky on
Q: Any suggestions?

My case has been frilious and I've had my constitutional rights violated throughout removal, Evan before. Depndecy, neg.,abuse trail court I was appointed counsel w out my knowledge. Court automatically bias by not giving me the opportunity to hire a private attorney. I was denied to hire... View More

Timothy Denison
Timothy Denison
answered on Apr 9, 2023

Your situation sounds like virtually all of the other CPS CASES IN Kentucky. Hire a civil rights attorney

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