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November 2013 Archives

What Takes So Long For Divorce?

Divorces in Kentucky can be completed in a very short time if both parties agree on the issues.  Divorces that take an extended period of time, typically have a few issues in common.  If the parties have children in common, there is a mandatory 60 waiting period after filing before a dissolution can be finalized. First is discovery.  If both parties do not have all of the information regarding financial assets, debts and expenses, then that information must be found out through the discovery process.  This generally involves verified financial disclosures, interrogatories and demand for documents.  It may also involve additional discovery of depositions and information seeking fro collateral sources.  If one party is not forthcoming with discovery, this process can takes months to complete. Second is areas of dispute.  Areas such as division of assets and debts are seldom a major cause of delay, unless there is a claim for non-marital interest in assets.  A longer delay may be caused by spousal support, also known as maintenance.  A party paying maintenance may not want to go to court for fear of increasing the maintenance or they may want to wait for the spouse to become employed.  The party receiving maintenance may not want to go to court for fear of losing the temporary maintenance. The most common cause for delay is custody dispute.  When a custody dispute arises, the parties may not agree on many issues.  A court may issue temporary orders, which will be in place until a final hearing is held.  During the time when the hearing a is pending, often a Guardian Ad Litem, GAL for short, is appointed to represent the best interest of the minor child or children.  The GAL will likely interview the children, parents, guardians and may review other information from teachers, doctors or care providers.   If requested, the Court may order a custodial evaluation which is generally conducted by a psychologist.  This generally involves a series of meetings, conferences, and interviews with all parties and children.  The evaluator will also review any documentation provided by the parties and utilize testing procedures to aid in determining the best interest.  Those tests may include IQ, parenting assessment, psychological inventory, MMPI and others. If you are involved in a protracted divorce, you should speak to your attorney regarding realistic time frames and the reasons for extended time.  Often times the reasons are valid. If there are no good reasons, your lawyer should be able to give you an estimate of completion.  If you do not have an attorney or need a consultation in Northern Kentucky, contact Michael Bouldin at [email protected] or call at 859-581-6453/ 581-MIKE.

Pay Your Attorney Before Black Friday

As a practicing attorney for many years in Northern Kentucky, I often hear this time of year that "I cannot afford an attorney with the holidays coming up."  I find this interesting in the domestic relations practice, as many file immediately after the holidays.  I find this disturbing in the criminal practice, as that shopping for toys and gifts is more important than retaining counsel and staying out of jail.  The best present that you can give to your family is to not be incarcerated during the holidays. If you are trying to decide between paying your attorney and shopping on black Friday, check your priorities.  There are no deals more important than your legal obligations and your freedom.  As such, take special note and use this opportunity to hire or pay your counsel, especially if extra money is available. Remember, attorneys are no different than anyone else.  They are running a small business and need cash flow to continue with business.  Payment during holidays assures that they will see you as a responsible client and will prioritize your needs.  To the contrary, I typically file motions to withdraw on many clients after the holidays when I discover that they determined that shopping was more important than their financial obligations. Do yourself a favor and utilize that savings or bonus money to show financial responsibility to your attorney.

Black Friday Divorce

As an attorney practicing divorce law for over 19 years in Northern Kentucky, sometimes I may blog about current events, news, or other issues relating to family law.  Black Friday reminds me of a day when many couples fight over holiday expenditures, financial constraints and control over family finances.  Having practiced for this long I find that there are definite times of year that people more often file for divorce or begin their period of separation.  Many people do not want to file "during the holidays" for fear that it will somehow ruin or spoil the date. The fact is, many more people file divorce just after the holidays. My opinion is this is due to the fact that they (1) have a crappy holiday with their spouse; (2) that did not go nearly as well as planned; and (3) staying indoors during that time solidified that the parties need to be divorced.  I also believe that many receive bad gifts or give nice gifts that far exceed the thought and/or money spent by the spouse, thereby reaffirming that their spouse is not committed to the marriage.  Whatever the reason, I often see a spike in new dissolution filings shortly after the holidays. There is no requirement to wait until after the holidays to file.  While the courts and most law firms are closed on black Friday, most reopen on the Monday following Thanksgiving.  If you decided that you and your spouse can no longer reside in the same household, you are not abandoning your home or your children.  Either party has absolute and equal rights to the children.  I always encourage the parties to attempt to work together to minimize the impact on the children and to share time (unless there is a danger presented by one party). If you need to consult regarding a divorce, before or after the holidays, call Michael Bouldin at 859-581-6453 or email at [email protected] in Northern Kentucky.

What Is High Conflict Divorce?

High conflict divorce is often nothing more than a euphemism for high cost divorce.  Unfortunately, it takes 2 willing parties, as well as often two attorneys willing to give sage advice, for a case to not have conflict.  Some divorces are high conflict because of significant conflict over one specific issue; often custody of children.  Other divorces are considered high conflict because the parties cannot agree on anything. In high conflict divorces where the parties cannot agree on anything, this is often caused by one or both parties trying to control the entire divorce.  This may be due to a feeling of superiority, past control or abuse, or feeling of helplessness during the divorce proceeding.  Often clients, who may be at the top of their chosen profession are uncomfortable and fearful when heading toward divorce.  The inability to control the situation, or the inability to control their spouse which they formerly did control, places them in a position where they are out of their element. An experienced attorney will recognize these insecurities and discuss with the client the actual goals in the divorce.  Often, once the actual goals are determined, the basis for resolution can be achieved.  For example, a stated goal may be to "have 50% of the time with my kids."  This is often heard by divorce practitioners, whereas it may be impractical or even impossible.  An actual goal should be "to have both parents spend significant time with the children and to have them grow happy and healthy into young adults." Another example is that a spouse want to "take her husband to the cleaners."  This seldom occurs in divorces, but it should show the attorney that their is a desire to get even and often that the client has a financial insecurity.  A better actual goal would be "to be financially secure with a financial plan for the future after the dissolution is final." Some attorneys will not represent high conflict litigants.  Other only represent high conflict cases.  In my opinion, a good attorney should have a balance and limit the number of high conflict cases.  The attorney should make every effort to bring their own client to consider reasonable resolutions and to set realistic expectations from litigation.  If the opposing party/counsel will not do likewise, then the case may need judicial resolution. If you are looking for an attorney for a high conflict case, you should consult at least 2 or more prior to retaining your counsel.  For a discussion in Boone, Campbell or Kenton counties, call Michael Bouldin at 859-581-6453 or email at [email protected]

How Do I Establish Paternity?

In Kentucky, the County Attorney is required to accept any application to establish paternity.  The local county attorney will file a paternity complaint against the named father.  If you believe that you are the father, the county attorney will file what is referred to as a "reverse paternity complaint."  The county attorney in each county has establish contracts to do DNA paternity testing. If you are married in Kentucky, the Husband is presumed to be the father of the child born during the term of the marriage.  Once filed, the parties will be required to submit to DNA testing.  The reduced cost is paid back to the county attorney's office of approximately $100. An attorney can also assist in establishing paternity, which is a prerequisite to gaining custodial rights in Kentucky.  If you were not married, then paternity can be filed as part of your Petition for Custody. This area of the law also requires a decision on whether to proceed in Juvenile Court or in Circuit Court, even though both are considered Family Court, there are differences in how the cases are handled by the various courts in Northern Kentucky. If you have questions about paternity or wish to explore your options, call an attorney for a consultation.  Generally phone consultations are free but there is a fee for most office consultations.  In Northern Kentucky, contact Michael Bouldin at 859-581-6453 or [email protected]

What is a Family Law Attorney?

Kentucky does not certify a specialty practice in the area of family law.  Many practitioners, however, hold themselves out as family lawyers or domestic law practitioners if the majority of their practice comes in family related areas of law.  Nearly all family lawyers practice divorce and custody.  Many also practice in the area of child support, spousal support, premarital aka pre-nuptual or anti-nuptual agreements, adoption, dissolution and DVO/EPO hearings. Collaborative law is an offshoot of divorce/domestic law that a number of the family law attorneys also handle.  Lawyers trained in the collaborative process may handle cases of collaborative law and many are involved in the Northern Kentucky Collaborative Professionals, Inc.  As a member of this group for a number of years I can attest that most of the established family law attorneys, and many other professionals, in the area belong to this group. Juvenile law may be in the area of dependency, neglect and abuse or may involve status offenses for runaway children.  Also included in juvenile law is the criminal arena when a juvenile commits a crime and is charged in juvenile court.  Generally, a criminal lawyer should be employed to handle the criminal related matters. Some areas blend into others, for example an EPO may also accompany a criminal assault charge.  A child support case can become criminal for misdemeanor or felony non-support if regular payments are not made.  Some family lawyers do not handle criminal charges and others do.  This is largely dependent on the individual lawyer, his/her experience and training and comfort level handling such matters.  If your case may involve other areas, discuss this with your lawyer and determine if he is equipped to handle the case or if separate attorneys may be more beneficial in your matter. As an attorney who handles a variety of cases, I often find myself as co-counsel when areas of criminal law are involved.  If you have questions about family law, call for a consultation.  You can schedule via email at [email protected] or by calling 859-581-6453.

How Are Pets Counted in Divorce?

As an attorney practicing divorce law in Northern Kentucky for more than 19 years, there are a number of issues which are nominal in the eyes of the law but may be the most important piece of resolving a divorce.  The law considers animals as chattel.  Chattel is defined as 1. personal possession; 2. something that a person owns other than land or buildings.  As such, an animal is no different than your couch, tv or gas grill.  Of course, some pets do have a value if they are pure bred, however their actual value to the parties may be much greater than their economic value. The court will approve an agreement which allows for time sharing of a pet.  Many practitioners have drafted agreements which account for division of time, responsibilities, costs and the like which are very similar to child custody agreements.  This may be frowned upon by the legal community, however it is often the only way for divorcing couples to move forward. A dog or cat may also go back and forth between the parties' households together with the children.  I was involved in a case such as this where the dog went with the children for a number of years.  Unfortunately, no consideration was given to what would happen to the family pet after the children were no longer minors.  The dog lived to be over 17 years of age, and the parties returned to court to fight over permanent custody. In that matter, one party argued that the dog belonged to the children and the other argued the best interest of the dog.  The court made the ruling based on where the dog was physically locate don the date the Separation Agreement was signed, since the agreement called for each to keep any and all personal property in their possession as of that date. If you have questions about your divorce, consult with an attorney.  In Northern Kentucky call Michael Bouldin at 859-581-6453 or email at [email protected] .  Call 581-MIKE.

Hit And Run

If you are involved in an accident in Northern Kentucky, you must report it to the police.  If there are injuries, you are required to wait until emergency vehicles or personnel arrive. KRS 189.580 outlines duties in case of an accident. In the case where there is an unattended vehicle and property damage, but no injuries, you are required to leave all information or report to local police within 24 hours.  Violation can lead to a fine only, or in more serious cases can lead to fine up to $2,000 and incarceration up to one year. If you have been in an accident, contact an attorney.  If you were not at fault, you may be entitled to restitution for damage as well as medical bills, lost wages and pain and suffering for injuries.  If you were at fault, you may be subject to criminal penalties, including fines, restitution, probation and incarceration as well as civil penalties. In Northern Kentucky and Cincinnati, contact Michael Bouldin for a consultation.  Email at [email protected] or call 859-581-6453.  Speak to Emily if Michael is not available.

What Is a GAL?

In Northern Kentucky a Guardian Ad Litem is often appointed to represent the best interest of the child or children in a divorce or custody case.  A GAL (pronounced G-A-L, not gal) is short for Guardian Ad Litem. Kentucky GALs must be licensed attorneys and they can be appointed to represent the child or they can be appointed to represent the best interest of the child.   There are many reasons that a practitioner would suggest that a GAL be appointed in a particular case.  Some judges like to hear directly from children when they are in a divorce situation. Other judges do not want the children to testify, but rather that they speak to a GAL who can advocate for their position. The GAL often times will also gain additional evidence when evaluating a case.  A GAL may obtain school records, medical records, speak to counselors or teachers and interview both parents or other guardians. Often the GAL is the only opportunity for the child to be heard.  This may be especially important in cases where the child is old enough to have a voice and believes that they should have a say in their custody. If you have questions about GAL, custody or divorce in Northern Kentucky, schedule a consultation.  Call Michael Bouldin at 859-581-6453 or email at [email protected]

Do I Have To Pay Child Support With Joint Custody?

Northern Kentucky judges vary in their application of child support vis-a-vis custody and parenting time.  Kentucky legislature has issued standard child support guidelines which are very easy to follow such that you need only a few items of information to calculate: parties' incomes, daycare cost, health insurance cost and any other ordered support.  This seemingly over simplistic calculation, however, is fraught with peril. The Kentucky guideline,s outlined in KRS 403.221 is based on an antiquated version of standard parenting time, wherein one party has primary custody and the other party pays child support.  More often joint custody is awarded in cases and the parties have close to an equal share of parenting time. The simplest form is when both parties have one-half (1/2) of the time, and both earn the same amount of money, there should be no child support paid to or from either party.  Both parties should share equally in division of costs for school, clothing, extracurricular, fees, lunches and all other expenses for the children.  Rarely, however is that the case.  Many times one parent may have 60% of the time with the children or the parents may not earn equal amounts of income. Each judge in Northern Kentucky differs slightly in the application of the guidelines and awarding child support in cases of joint custody.  If parenting time is equal, some judges offset child support per guidelines and one party pays the difference.  Other judges still enforce full child support from the parent who earns more income, allowing the other parent to pay most of the child expenses.  Still some judges try to evaluate each case independently, determining who typically and traditionally pays for the child expenses. Child expenses are also often a point of contention in support and custody cases.  Extracurricular expense are typically equally divided, but often divided in proportion to the parties income.  Just what is covered as an extracurricular expense may also be debated.  For example, if your child plays in the band, the band fee would be an extracurricular expense as would most travel associated therewith.  Parties would dispute the rental of the instrument or travel expenses if one party chooses to drive and spend the night at a hotel. Knowledge of the local judges is essential in determining the correct amount of child support.  While the law would like to convince parties hat support and custody are not related, they are inextricably intertwined in reality.  Agreeing to a custodial situation could have long lasting impact on current and future child support obligations. If you have questions, contact an attorney who practices in your county.  Northern Kentucky counties of Boone, Campbell, Kenton and Gallatin, call Michael Bouldin at 859-581-6453 or email at [email protected].

What is the Difference Between EPO and DVO?

In Kentucky, certain individuals may request the Court to grant Protective Orders to restrain contact by those in fear.  When a spouse, relative, parent or roommate file for a protective order, they may be granted an EPO, Emergency Protective Order.  The EPO is based solely on the affidavit of the person filing and can be put in place for up to fourteen (14) days.  An EPO can, and often do, include provisions of no contact, exclusive use of residence, temporary custody and 500 foot restrictions. The person against whom the EPO is granted is entitled to a hearing on the initial allegations.  This hearing is generally held within 14 days of the initial EPO, but can be extended if there is a problem serving the Defendant with paperwork.  The hearing is in open court and both parties are permitted to have counsel and call witnesses.  The court must then decide if the Plaintiff has proven the justification for a DVO by a preponderance of evidence.  Sworn statements may be sufficient for the court to decide, but allegations must include actual violence or threat of physical violence or death. After the hearing, the Court may issue a Domestic Violence Order, or DVO, granting certain restrictions.  The restrictions may include those contained in the EPO or may be more or less restrictive.  The DVO may be placed by the Courts for up to three (3) years, and may be continued in 3 year increments if the court believes that a threat or fear still exists. Both EPO and DVO involves restrictions of constitutional rights.  Those include the right to bear arms, right to own and possess a firearm, the right to free association, right to freely assemble and go to places of your choosing.  Additionally, violation of the terms of the DVO or EPO can lead to contempt charges, criminal charges and incarceration.  A Defendant is prohibited from possessing a firearm or handgun during the term of the EPO or DVO. If an EPO has been granted, you will be required to attend the hearing.  Due to the short timeframe between service and the hearing, you should contact an attorney ASAP.  For consultation in Northern Kentucky, call Bouldin Law Firm at 859-581-6453 or email at [email protected].

How Can DEA or TSA Seize My Money?

DEA and TSA are seizing money throughout the United States at a new alarming rate.  At the Greater Cincinnati Airport, they seize money which is or may be suspected to be drug related.  Often times the DEA has no evidence of drug trafficking other than cash.  The Government may and often does hold YOUR MONEY until you appeal and prove your innocence.  Remember, this is not a criminal case so often different rules apply.   The law is quite confusing and the money is often taken as evidence and held by the Department of Justice pending their investigation.  My finding is that often there is NO actual investigation, but only a "wait and see" approach by DOJ to ascertain if the rightful owner of the money will step forward and assert their claim. It often becomes the burden of the client to provide evidence to prove where and how the forfeited money was obtained.  In most forfeiture cases, the owner must prove that the money was obtained by legitimate ways.  The attorney will count on the client to provide bank records and assist in any affidavits which may be required to prove legitimate ownership. If your money has been seized, you are generally given only a receipt for the evidence.  The DOJ, Homeland Security (aka US Customs and Border Protection), DEA or other entity will send a letter apprising you of your rights to administrative remedies.  These administrative remedies must be exhausted before a lawsuit may be filed in the U.S. Federal District Court.  There are forms for Seized Asset Claim Forms, Request for Forfeiture Proceedings. The decision on whether to continue with administrative proceedings or request to proceed in Court is generally best made by an attorney who handles these types of proceedings.  Unfortunately, no legal fees are required to be paid by the government unless your case proceeds to trial in District Court.  As you might imagine, your chances of recovering your assets increase greatly with the assistance of counsel.  If you have questions or wish to retain counsel to assist in recovery of your assets, contact Michael Bouldin at [email protected] or call 859-581-6453.  (581-MIKE) For more information, see previous blog by following link.

What is the Difference between Divorce and Dissolution?

Under the current law in Kentucky, there is no longer divorce, but only dissolution. Traditionally, divorce was a contested matter between parties and dissolution occurred when the parties agreed on all of the terms of the divorce.  This is still the case in Ohio, where anything contested is considered a divorce.  In order for a dissolution to proceed in Ohio, the parties must agree on all terms: custody, parenting time, division of assets, division of debts, and support.  In Kentucky, generally the lawyers and courts refer to the dissolution cases as either contested or unconested. Another feature of dissolution is that there there is no requirement to allege or prove legal grounds for divorce.  The only allegation which must be made in a dissolution is that "the marriage is irretrievably broken beyond any chance of reconciliation."  Common grounds for divorce, still active in Ohio, are: (1) Either party had a husband or wife living at the time of the marriage from which the divorce is sought; (2) Willful absence of the adverse party for one year; (3) Adultery; (4) Extreme cruelty; (5) Fraudulent contract; (6) Any gross neglect of duty; (7) Habitual drunkenness; (8) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint; (9) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party; (10) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation; or (11) Incompatibility, unless denied by either party. While sometimes fun to prove, in reality the grounds for divorce are often over emphasized by the parties or counsel.  Rarely does proving grounds for divorce lead to any financial gain int he divorce process.  More experienced attorneys often simply proceed under the grounds of incompatibility.   If you have questions about divorce in Ohio or dissolution in Kentucky, consult with an attorney who regularly practices in your county.  For Boone, Campbell, Kenton or Hamilton counties, contact Michael W. Bouldin for a consultation at [email protected] or call 859-581-6453.

What Is Collaborative Divorce?

No Court.  No Judges.  Collaborative Dissolution! Northern Kentucky has a separate group of domestic law attorneys and professionals who have formed the Northern Kentucky Collaborative Professionals, Inc.  This is made up of lawyers and other professionals who focus their law practice primarily in the area of divorce, dissolution and family law.* Collaborative law (also called collaborative practice, divorce, or family law) is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of contested litigation. The voluntary process is initiated when the couple signs a contract (called the "participation agreement"), binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future family related litigation. The collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre- and post-marital contracts. The traditional method of drawing up pre-marital contracts is oppositional, and many couples prefer to begin their married life on a better footing where documents are drawn up consensually and together. Attorneys practicing collaborative law must be trained in the collaborative process.  Traditional litigants hire collaborative lawyers to guide them through the process of dissolution, separating their assets, providing for financial security and working together for the best interests of their children. If you need more information about collaborative law in Northern Kentucky or Cincinnati, call Michael Bouldin at 859-581-6453 or email at [email protected]  Call 581-MIKE. * Kentucky does not certify specialty practice of divorce, dissolution or family law for attorneys.

What Is Family Law?

If you're considering divorce, or you've been served with divorce papers, you're probably confused and concerned about the future. Fortunately, you don't have to sort it out alone. I understand that the breakup of a marriage is very difficult and stressful. It involves more than just property division or alimony.  Since family law matters are emotionally charged, there may be ill feelings, issues of child custody, and a general sense of loss.

What Is a de facto Custodian?

How do I qualify as a de facto custodian? To qualify as a de facto custodian, you must prove you have been the child's primary caregiver and have provided financial support for: (a)  A continuous period of six months or more for a child under the age of three; or (b)  A continuous period of one year or more if the child is three years or older, or has been placed in the home by the department of community based services. The de facto custodian must be (1) the primary caregiver and (2) the primary financial supporter for (3) the requisite time period.  Note that all three requirements must be met to achieve de facto custodian status.  (If a parent has commenced an action to have the child returned the time after the commencement is not included in determining the required minimum time period.) If you have questions about qualifying as a de facto custodian, consult an attorney.  What else should i know about qualifying as a de facto custodian?  * De facto custodianship is not met if a parent pays child support to the grandparent and seeks visitation with the custody of the children. * De facto guardianship is found where a grandparent has provided for the safety, shelter, and security of the children. The de facto custodian must be the primary caregiver and financial supporter, but must also do so to a greater degree than the natural parents.  The grandparent must literally stand in the place of the natural parent. What are the effects of being a de facto custodian?  If you meet the de facto custodian requirements, then you possess standing equal to a biological parent in custody proceedings. This means that the court can listen to what you have to say in a custody proceeding. If you have a custody case, contact Michael Bouldin at 859-581-6453 or email at [email protected] .

Is There Anything Special About Fathers and Divorce?

The nature of the first article is to explain what would motivate an attorney to write an article for the and later post in his own website.  The answer comes in my 19+ years of practice in Northern Kentucky.  Many fathers come in for a consultation not even knowing what questions to ask.  Many believe that they automatically will be required to pay alimony.  Some simply presume that they might be entitled to visit with their children every other weekend and want to know how much they will have to pay in child support.  Others believe they are automatically entitled to 50% of the time with their children.  Neither is correct.  Alimony, maintenance and spousal support are only considered if one party is unable to financially meet their reasonable needs.  There should be no more consideration given if that party is a male or female, however that is not always the case.  The relative earning ability of the parties and the reasonable expenses of each are the first factors to be considered.  There are many cases in which neither party is required to pay alimony to the other. Fathers in Kentucky are entitled to the same consideration as a mother with respect to the care of their children.  Joint legal custody is presumed to be in the best interest of the children.  Joint legal custody deals with decision making and does not necessarily mean an equality of time with the children.  Both parents are presumed to be equal and many judges will tell parents that children deserve both a father and a mother.  That said, no one is "automatically" entitled to any time with their children.  Most courts, particularly in the major cities and where family courts exist, give equal consideration to both parents.  The courts always keep the best interest of the children as the paramount goal.  The first question to be answered is if either parent poses a danger to the child(ren).  In the absence of danger to the children, the parents' work schedules are first considered and parents are given preference over non-parents (grandparents, relatives, daycare, etc.).  Many fathers wish to be 50/50 partners in child rearing, however their work or travel schedules preclude such frequent parenting. Child support is based on a schedule which presumes one parent to be the "primary" parent for the children.  As discussed above, there are many cases in which neither parent is the primary parent and they jointly provide the custody and parenting responsibilities.  This may result in a deviation from the standard child support schedule.  If a deviation is made, the courts will then determine division of all expenses: medical and dental insurance, uncovered medical and dental expenses, extracurricular, daycare, school, supplies, school related activities, and clothing. These are but a few of the concerns and considerations which a father should be well apprised of when beginning a divorce.  The guidance of an experienced attorney will greatly assist in evaluating options prior to determining a course of action.  Fortunately, many times divorcing fathers are given the additional responsibilities without the defined familial roles which allow them to become the wonderful parent that they wished they could have been during the marriage. For consultation, you may contact me directly at [email protected] or 859-581-6453.

What is the Law on Teen DUI in Kentucky?

Kentucky has what is considered to be a a zero tolerance law with respect to underage drivers operating a vehicle.  Northern Kentucky is no different than every other state in that teen drivers are arrested if there is suspected any amount of alcohol during operation. Zero tolerance is a bit of a misnomer.  KRS 189A.010 (f) is often referred to as a "Kiddie DUI."  The statute states:

Do I Need An Attorney For Traffic Ticket?

If you have to appear in court, you are wise to hire a criminal defense attorney to represent your interest.  Anytime a that court attendance is required in Kentucky for a traffic ticket, there is a possibility of loss of license.  If the ticket is pre-payable, then payment is an admission of guilt and may add points to your license. While an attorney is not required, it is usually in the persons best interest to at least discuss your case with an attorney, even if it is only a traffic citation.  Some citations which do not include mandatory court can carry 6 points on your licensee.  Once you reach 12, you may be suspended by the DOT, DMV or BMV (state dependent).  Many of those six point violations can be amended if you retain an attorney - you may or may not need to appear in court - rely on your lawyer to advise. Often an attorney can represent you for a fairly nominal fee.* If you have questions about a citation and wish to speak to an attorney, ask here by typing a question to the right, email at [email protected] or call 859-581-6453.  (581-MIKE)

Operation Black Friday - 479 Arrests in KY

If you were arrested by Kentucky State Police (KSP) as they rounded up 479 people and arrested them with charges mainly of drug trafficking and possession, you need a criminal defense lawyer.  In NKy, call 581-MIKE for a consultation.  That means that 479 people should immediately be contacting criminal defense lawyers within the Commonwealth. The round-up is the largest in KSP agency history. All KSP Posts, the KSP Drug Enforcement Special Investigations (DESI) Branch, Commercial Vehicle Enforcement Division, along with assistance from local law enforcement, ATF, DEA and U.S. Marshalls Service began arresting individuals before daybreak. KSP Commissioner Rodney Brewer encouraged citizens to be vigilant in reporting drug activity and suspicious behavior in their local communities.  In total, there were 774 charges stemming from the 479 arrests. Those charged should exercise their constitutional rights:  (1) maintain silence regarding the process until they speak to legal counsel; (2) utilize the right to an attorney.  If a criminal defendant cannot afford an attorney, they can request and the court will appoint an attorney to represent them.  Unfortunately for the defendant, they cannot be appointed until they appear in court, however they should remain silent until counsel is appointed. If you have been charged or have questions, consult with a local criminal defense attorney.  In Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected] .  Call Mike at 581-MIKE.

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