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May 2016 Archives

Can I Get Custody After Release From Jail?

Many people incorrectly assume that their spouse will be unable to regain custody rights once they are released from jail/prison.  If the parent of your child does go to jail or prison and you would like their rights to be modified, you must request this from the court.  If you are incarcerated, you may need to file a motion upon your release. Often the most overlooked people in the family court system are grandparents or other custodians who take over guardianship of the children while their parents are in drug treatment or incarcerated.  During this period of incarceration, temporary guardianship may be granted by the parents or by the Court.  Often, juvenile court and CHFS/DSS opens a case to grant custody.  This allows the caretaker to enroll a child in school, get medical treatment and act as a parent BUT it does not grant permanent custody. If custody is established, it is temporary.  Permanent custody CAN be granted, but often the custodian must seek this designation through the court. Additionally, it is infinitely better to do this while they parents are incarcerated instead of waiting until release.  This area of the law is very time specific and fact specific in granting more permanent custody to a child caretaker. Remember that unless the person was convicted of abuse of that child, they can likely regain rights which may include custody.  Both the convict and the custodian/guardian should be aware of these rights after release from incarceration.   If you have temporary custody or guardianship and want to make it more permanent, contact your lawyer. If you are being released and want to reestablish parenting rights, contact your attorney.  If you do not have an attorney, contact Bouldin Law Firm to answer questions and for representation.  Call Michael Bouldin at 859-581-6453 or email at [email protected].

Can Convicts Get Custody?

Many people incorrectly assume that their spouse will be unable to regain custody rights once they are released from jail/prison.  If the parent of your child does go to jail or prison and you would like their rights to be modified, you must request this from the court. Often the most overlooked people in the family court system are grandparents or other custodians who take over guardianship of the children while their parents are in drug treatment or incarcerated.  During this period of incarceration, temporary guardianship may be granted by the parents or by the Court.  Often, juvenile court and CHFS/DSS opens a case to grant custody.  This allows the caretaker to enroll a child in school, get medical treatment and act as a parent BUT it does not grant permanent custody. If custody is established, it is temporary.  Permanent custody CAN be granted, but often the custodian must seek this designation through the court. Additionally, it is infinitely better to do this while they parents are incarcerated instead of waiting until release.  This area of the law is very time specific and fact specific in granting more permanent custody to a child caretaker. Remember that unless the person was convicted of abuse of that child, they can likely regain rights which may include custody.  Both the convict and the custodian/guardian should be aware of these rights after release from incarceration.   If you have temporary custody or guardianship and want to make it more permanent, contact your lawyer. If you do not have an attorney, contact Bouldin Law Firm to answer questions and for representation.  Call Michael Bouldin at 859-581-6453 or email at [email protected].

Memorial Day DUI

This Memorial Day will be especially busy for police throughout the city, county and state.  1) Memorial Day is the first major summer holiday.  2) Memorial Day happens to fall on the last weekend of the month. Kentucky State Police are positioned to write a record number of citations this weekend.  Whether because of the holiday, last day of the month or a major bonus, the KSP is out in record numbers.  Just today I personally witnessed 7 KSP patrol vehicles on the stretch of I-71 between Louisville and Cincinnati.  Police were shooting radar and looking for suspicious vehicles. Kentucky DUI law now allows look back 10 years for prior offenses.  If you have had a DUI in the last 10 years, you would be subject to the penalties of 2nd offense DUI.  Note: this recently changed as it was formerly a 5 year look back.  DUI penalties for first (1st) offense range from 30-120 day license suspension, $200-500 fine, DUI service fee, court costs, and 2-30 days of incarceration.  These fines and cost total over $720 to the court, in addition to about $350 in assessment and classes; not to mention insurance rate increases. Incarceration of 4 days is mandatory in cases where an aggravating circumstance exists on 1st offense and doubles the jail minimum on subsequent offense. Aggravating circumstances include: wrong way on highway, speeding over 30 mph over posted limit, accident with serious injuries, having child under 12 in the vehicle, breath/blood alcohol over .15 or refusal of breath/blood test. Also remember, second offense penalties include minimum license suspension of 12 months and jail of 7 days.  The new law does allow for ignition interlock.  This process can be daunting and expensive. Use an attorney who has handled both pretrial and post-conviction ignition interlock for clients in order to answer questions and help guide you through the process. If you are arrested for DUI, contact an attorney.  For representation in Northern Kentucky, call Michael Bouldin at 581-MIKE or contact the office at [email protected] or call 859-581-6453.

What is Parental Alienation?

Parental alienation is the process, and the result, of the psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent and/or other family members.[1][2] It is a distinctive and widespread form of psychological abuse and family violence --towards both the child and the rejected family members--that occurs almost exclusively in association with family separation or divorce, particularly where legal action is involved. Most commonly, the primary cause is a parent wishing to exclude another parent from the life of their child, but other family members or friends, as well as professionals involved with the family (including psychologists, lawyers and judges), may contribute significantly to the process.[1][4] It often leads to the long-term, or even permanent, estrangement of a child from one parent and other family members[5] and, as a particularly adverse childhood experience, results in significantly increased risks of both mental and physical illness for children. (notes from en.wikipedia.org) Proving the cause of parental alienation is often extremely difficult. There are times when the children align with  one particular parent because of actual or perceived unfairness by the other party.  Many times the parent who may claim that they are being alienated are actually the root cause due to their own actions.  Other times, it may be unintentional alienation where the party simply asks questions that cause concern. For example, often a child returns from a visit and the mother asks, "How did it go at your Father's?" This is a relatively innocuous question. A child may respond, "Dad didn't feed us." or "Dad left us with grandma all weekend."  If the Mother becomes agitated, sympathetic or overly concerned, it can lead a child to favor for Mother and/or believe that Father has misbehaved.  This is the beginning of alienation, even if unintentional by the Mother. I have worked with a number of psychological professionals who remind parents that this is the child's perspective and often very different from actuality.  Unfortunately, during or after a divorce the amount of distrust of the other spouse is so severe that parents may believe outrageous stories by children instead of the rational reality that the spouse could provide if questioned.  Additionally, many parents are unwilling to have those discussions because of tension between the parties. If you have questions, concerns or don't know where to turn, contact an experienced domestic law/family law attorney. For consultation, call Michael Bouldin at 859-581-6453 or email [email protected].  Call 581-MIKE to schedule an appointment.

AI at CVG

If you have been arrested for public intoxication, or alcohol intoxication, at Greater Cincinnati Airport, you may need to hire an attorney.  Often the arrest citation will allow for prepayment of fines and court costs in lieu of appearance at court.  This is a bad idea.  Prepayment is a GUILTY plea.  The arrest and conviction will become part of your permanent criminal records.  Alternatively, you may be able to avoid conviction either through trial or pretrial diversion. An experienced attorney can aid a client through the diversion process.  Unfortunately, you will spend more in costs as well as legal fees and may be subject to community service, but you will not have a conviction and can generally expunge your case in 60 - 120 days.  If you are convicted, you cannot expunge the conviction for at least 5 years in Kentucky.  This may affect your future travel out of the country as well as limit some employment opportunities. Another option is to take the case to trial.  The statute (KRS 222.202) for Alcohol Intoxication states: "A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity."  It is not enough to simply be intoxicated, you must be a danger to yourself or others. If you have the resources to fight, an experienced criminal defense attorney may be able to help you gain an acquittal by taking the case to trial. If you have been arrested in Northern Kentucky, at CVG or elsewhere, contact Michael Bouldin at [email protected] or call 859-581-6453 (581-MIKE) for consultation.  If you live out of town, out of state, or out of the country, I may be able to appear in court on your behalf.  Call for a consultation.

Arrested at CVG Airport

If you have been arrested at CVG airport, you need an attorney!  Cincinnati airport, denoted as CVG, is actually located in Boone County, Kentucky.  An arrest can be made under federal authority of Immigration (INS), FAA, FBI, TSA or local police, either Airport Police or Boone County Sheriffs. If you have been arrested for misdemeanor infractions such as AI (Alcohol Intoxication), PI (Public Intoxication), DC (Disorderly Conduct), Possession of Marijuana, Harassment or misdemeanor Assault, your case will be in Boone County District Court.  You should hire a local attorney who regularly handles misdemeanor cases in Boone County. In many of these misdemeanor cases, an attorney can represent you and in many cases the attorney can waive your appearance at the first and sometimes other hearings.  If travel makes appearing difficult, an experienced attorney can schedule a hearing at mutually convenient times.  You will need to hire the attorney in advance to assure that he/she can appear.  *This is generally NOT the case for DUI and some other cases.  Discuss your case with the attorney and ask if your appearance is necessary. Federal charges generally only arise from trafficking larger amounts of controlled substances. Often forfeiture of contraband and/or cash is associated with federal cases.  You should discuss the case with an attorney who regularly handles cases in federal and state courts, especially in the Eastern District of Kentucky. Consultations may be available by telephone or email.  Also, the attorney can advise as to probable outcomes, whether diversion is likely or available, and potential resolutions.  For consultation about CVG arrest or citation in Boone County, Kentucky or elsewhere in Northern Kentucky call the Bouldin Law Firm and have consultation with Michael Bouldin.  To schedule, email at [email protected] or call Emily at 859-581-6453 (581-MIKE). [huge_it_maps id="1"]

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