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Family Court Rules of Procedure and Practice, IV(10) Contempt Proceedings

As your Louisville Divorce Attorney I will not hesitate to file a contempt proceeding on behalf of my clients.

(1) No Petitioner shall be held in contempt for failure to appear at a domestic violence hearing or for failing to prosecute a civil or criminal contempt violation of a protective order except for good cause shown on the record. Failure to appear may result in a denial of the petition

(2) When the court conducts contempt proceedings in domestic violence actions, the party subject to contempt shall be represented by counsel, unless waived, and an attorney shall be appointed by the court if the party qualifies as an indigent.

Married Parent’s are Presumed to be the Child’s Father

If a man in Kentucky is married and his wife gives birth, that child is presumed to be his child. As your Kentucky family law attorney I help guide my client’s through paternity actions to help establish parenting time.

406.011 Obligations of father — Presumption of paternity.

The father of a child which is or may be born out of wedlock is liable to the same
extent as the father of a child born in wedlock, whether or not the child is born alive,
for the reasonable expense of the mother’s pregnancy and confinement and for the
education, necessary support and funeral expenses of the child. A child born during
lawful wedlock, or within ten (10) months thereafter, is presumed to be the child of
the husband and wife. However, a child born out of wedlock includes a child born to
a married woman by a man other than her husband where evidence shows that the
marital relationship between the husband and wife ceased ten (10) months prior to
the birth of the child.

Emergency Protective Orders in Kentucky

If you have been attacked or feel threatened by a spouse, family member, boyfriend or girlfriend you have lived with, or the parent of your children you should file an emergency protective order against them to prevent them from contacting you in the future. As your Louisville Attorney I have prosecuted and defended these actions in family court. I can help you get the result you want from as you Kentucky Family Law Attorney.

403.735 Review by court — Access to emergency protective orders — Local
protocol in domestic violence matters — Time at which orders of
protection take effect.

(1) Upon the filing of a petition, as provided for in KRS 403.725, the court, after
review of the petition and determining that domestic violence and abuse exists,
without a jury, shall utilize one (1) of the alternatives provided for in KRS
403.740 or 403.745.

(2) A court may issue mutual protective orders only if a separate petition is filed by
the respondent. Pursuant to KRS 403.740 and 403.750, the court shall then
provide orders, sufficiently specific to apprise any peace officer as to which
party has violated the order if there is probable cause to believe a violation of
the order has occurred.

(3) (a) All courts shall provide twenty-four (24) hour access to emergency
protective orders.
(b) Each court shall submit written procedures for twenty-four (24) hour
accessibility to be reviewed and approved by the Kentucky Supreme
(c) Each court shall establish the local protocol in domestic violence matters
in which there may be joint jurisdiction between District and Circuit Court.
Each court shall submit the written procedures to be reviewed and
approved by the Kentucky Supreme Court.
(d) All amendments or revisions to the local procedures required pursuant to
this section shall be submitted to the Kentucky Supreme Court for review
and approval.

(4) If an emergency protective order is not issued, the court shall note on the
petition, for the record, any action taken or denied and the reason for it.

(5) If the court determines that the petitioner is not eligible for an emergency
protective order, the court shall inform the petitioner of the petitioner’s ability to
contact the county attorney as provided in KRS 403.743.

(6) An order of protection issued under the provisions of KRS 403.715 to 403.785
shall become effective and binding on the respondent at the time of personal
service or when the respondent is given notice of the existence and terms of
the order by a peace officer or the court, whichever is earlier. After notice of the
existence and terms of the order is given to the respondent, a peace officer or
the court may enforce the terms of the order, and act immediately upon any
violation of the order. After notice of the order, all reasonable efforts shall be
made by the peace officer or the court to arrange for personal service of the
order upon the respondent.

Rules of Civil Procedure Apply in Family Court Cases

I have extensive experience with applying the rules of civil procedure from my time as a commercial litigation attorney and as an creditors rights attorney. As your Louisville Divorce or Family Law Attorney I know how to best proceed in your case to get the result you want in court.

403.130 Rules of Civil Procedure to apply.

(1) The Rules of Civil Procedure apply to all proceedings under this chapter,
except as otherwise provided in this chapter.

(2) A proceeding for dissolution of marriage, legal separation, or declaration of
invalidity of marriage shall be entitled “In re the Marriage of …. and …..” A
custody or support proceeding shall be entitled “In re the (Custody) (Support)
of …..”

(3) The initial pleading in all proceedings under this chapter shall be denominated
a petition. A responsive pleading shall be denominated a response. Other
pleadings, and all pleadings in other matters under this chapter, shall be
denominated as provided in the Rules of Civil Procedure.
(4) In this chapter, “decree” includes “judgment.”

(5) A decree of dissolution or of legal separation, if made, shall not be awarded to
one (1) of the parties, but shall provide that it affects the status previously
existing between the parties in the manner decreed.

Grandparents Rights

In Kentucky grandparents have limited rights to raise their grandchildren. As your Louisville Family Law Attorney I will fight for grandparents to be granted as the primary custodian of their grandchildren.

405.021 Reasonable visitation rights to grandparents.

(1) The Circuit Court may grant reasonable visitation rights to either the paternal or
maternal grandparents of a child and issue any necessary orders to enforce
the decree if it determines that it is in the best interest of the child to do so.
Once a grandparent has been granted visitation rights under this subsection,
those rights shall not be adversely affected by the termination of parental rights
belonging to the grandparent’s son or daughter, who is the father or mother of
the child visited by the grandparent, unless the Circuit Court determines that it
is in the best interest of the child to do so.

(2) The action shall be brought in Circuit Court in the county in which the child

(3) The Circuit Court may grant noncustodial parental visitation rights to the
grandparent of a child if the parent of the child who is the son or daughter of
the grandparent is deceased and the grandparent has assumed the financial
obligation of child support owed by the deceased parent, unless the court
determines that the visitation is not in the best interest of the child. If visitation
is not granted, the grandparent shall not be responsible for child support.

KRS 402.040 Marriage in Another State

As your Kentucky and Indiana Divorce Attorney I represent clients in divorce proceedings even if they were married outside the state of Kentucky.

402.040b Marriage in another state.

(1) If any resident of this state marries in another state, the marriage shall be valid
here if valid in the state where solemnized, unless the marriage is against
Kentucky public policy.
(2) A marriage between members of the same sex is against Kentucky public
policy and shall be subject to the prohibitions established in KRS 402.045.

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If you are in need of an attorney in Louisville or Southern Indiana, reach out to me today to discuss.