The key to protecting your rights as much as possible at a traffic stop are: Don’t answer questions other than name, and to provide license, insurance, and registration. Ask for an attorney if the officer continues to ask other questions. Decline any search without a warrant. Ask why you were stopped. Otherwise, as always, REMAIN SILENT.
In June of 2018, Kentucky passed law that takes the 50/50 parenting time law further, making the presumption that 50/50 custody and parenting time law for all motions to modify custody in addition to motions for temporary custody and parenting time.
Generally, law enforcement need a warrant to enter a residence to search and seize items that may be evidence. This article sets out what to do when faced with Police at your door, and the various circumstances they may enter your home.
Kentucky has a specific statute dealing with Grandparent visitation, KRS 405.021, which is entitled “Reasonable visitation rights to grandparents.” The statute sets out that the “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.” So, the quick answer is yes.
A recent article by the Washington Post reports that a Texas Judge ordered a Defendant to be shocked by a shock belt that delivered an 8 second 50,000 volt jolt to the Defendant when the Defendant didn’t answer questions in a manner that was acceptable to the judge. A Texas court of appeals has reversed the man’s conviction.
The United States Supreme Court has declined to hear an appeal from Kentucky's Cabinet for Health and Family Services challenging a decision that requires the state to pay relatives caring for children of family members to be paid the same as foster parents. Many times, grandparents, aunts, uncles, and others are caring for children that have been removed from the parents through a court action. Previously, these persons often were saddled with the extra expense with limited or no resources to assist them with the additional costs. The article linked below sets out some examples of families that were saddled with high costs for the care of children and gives a good summary of how this will help those persons with those costs now.
Ironically, and rather sadly, the article specifically speaks about a family that was told that if they couldn't afford to care for the relative's children, the children would be placed in foster care. A very circular argument considering the Cabinet was seeking not to pay these persons while threatening to take the children and place them in the foster system where other people, generally strangers to the children, would then be paid to take care of the children. This will help to end this kind of nonsense. A major win for families trying to support one and another during already challenging times.
One thing that will surely come up going forward is the impact of having to pay considering that relative placement is the first option in these cases. Certainly, this could have an impact on the State budget. Something to watch. Have a read.
The professor makes sure to point out the United States Supreme Court case that allows your right to remain silent against you unless you specifically, and properly, invoke the right to remain silent. He takes a well thought out approach and offers a great plan of stating your name, and saying simply that you want a lawyer. Saying that you want a lawyer ends any interrogation, creating a situation where you don’t have to say your remaining silent in the first place and taking the power away from the police.
It is a very good idea not to just consider that you want to see your kids half the time, but how you can make that happen. In many ways, a 50/50 parenting time schedule includes two single parents each of which have the same obligations singly when they have the children. All the more reason to work together for the best interest of the child to make these issues so much easier on the child, family, and the parents.
In the last week, after over 50,000 views on my post concerning the new Kentucky Law concerning 50/50 parenting time, I have been overwhelmed by calls and emails. I am going to set out and answer those questions most frequently asked, and set out some of the finer points and details to the best of my ability. Let me first say that the law actually goes into effect on June 29, of 2017
On April 10, Kentucky enacted a law that now brings to fruition what many Courts have already began to put into place long before by making shared parenting time and joint custody the law. In technical terms, HB 492 creates a presumption that at the hearing for temporary orders, generally the first hearing in a divorce or custody action, that the Parties should have joint custody and share equally in parenting time.
I have said many times to say you want to be silent and you want a lawyer (thus lawyer up). However, time and time again, people talk with police and walk themselves into trouble. People often think they can tell the truth and get out of trouble. Sometimes you might be right; others, you might be wrong, and part of your story fits their story and WHOA now your being charged with a crime. Still want to bank on "might" get out of trouble?
So at some point, that darned pot hole that has been in the same place since 1982 causes us to swerve one too many times and we find ourselves pulled over for swerving. ORRRR maybe you had a just 2 beers, and find yourself face to face with a police officer who has pulled you over for your, however slight, driving error. Here is what you should do if you should find yourself in this situation.
