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I have a case where the mother abandoned the children for 5…

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I have a...

I have a case where the mother abandoned the children for 5 yrs, cps was involved due to neglect and her having an abusive husband, she allowed her mother to take the children without giving knowledge to the father so she could still receive child support, which she did until her mother requested she be allowed to get the checks she declined . long story short the father was finally contacted by the grand mother to aid in her keeping the children, the father wanted to transition them after the school yr which the maternal grandmother turned the kids over to him stating she was too old to take care of them. She later decides she wants them back request that the mother return to KY to assist her in getting them back which she did, so she wouldn't have to pay support t o the father. this has been devastating to the father because he never was notified that the mother didn't have them for 3 years it was hid from him by the grand mother. after a year of battling to keep custody of his children a judge has given joint custody to the maternal grandmother so they can attend Oldham co. schools and they want the father to pay back child support from when they hid the kids from him.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Have you talked to a lawyer yet?

We have been in court for a yr. just got the ruling

Submitted: 1 year ago.Category: Family Law
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Answered in 52 minutes by:
9/12/2017
Family Lawyer: Bill Attorney, Lawyer replied 1 year ago
Bill Attorney
Category: Family Law
Satisfied Customers: 3,002
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your legal question today pertaining to custody and parental rights in Kentucky. Because there is a custody order in place a person seeking to modify custody would need to go back to Family Ct to apply for a modification order under the current circumstances.

Your question isn't entirely clear; so please follow up with me if I leave something out today.

Child support arrears is something that cannot be modified but future payments can be once you petition the court for a modification, that being the father or an other interested party.

Abandonment of a child can lead to a court determination and severance of parental rights; a parent who has had his parental rights terminated can reapply to the court for a reinstatement of those rights but will need to put forward evidence of a renewed relationship and effort.

We are here to help.

Please follow up with me as required,

In return remember to rate positively today.

As I'm not an employee of justanswer I rely on your positive feedback to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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