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Bill Attorney
Bill Attorney, Lawyer
Category: Family Law
Satisfied Customers: 1301
Experience:  Attorney
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I have a case where the mother abandoned the children for 5

Customer Question

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.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Kentucky
JA: Have you talked to a lawyer yet?
Customer: we have been in court for a yr. just got the ruling
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Family Law
Expert:  Bill Attorney replied 1 month ago.

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.

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Please follow up with me as required,

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Attorney Bill