West Kentucky Star spoke with Attorney at Law, Jeff Alford, about questions he has been receiving regarding legal issues that have been created by Beshear's COVID-19 response.
One of the questions Alford has received is related to custody orders. If during a visitation, one of the parents decides to ignore CDC guidelines, what should be done? Alford said you should contact an attorney immediately. He said there are certain protections that can be put in place, if the visitation schedule is endangering the child.
A motion can also be filed without an attorney. Alford said many circuits can mail the appropriate forms to those in need, however an attorney would have the ability to immediately file a motion electronically.
He said, "I get asked, do I really need an attorney to do that? My answer to that is, well, no, but you also don't need a surgeon to amputate your leg. It just usually works out a little bit better if you do."
There have also been many questions regarding visitation schedules. Do Non-Traditional Instruction days count towards school days for people with a court order that says mom or dad can pick up a child at the end of a school day? Alford said that NTI days are considered school days.
One of the biggest concerns he has heard is that with courthouses closed, how does one file for domestic violence protection? According to Alford, most of the counties in our region have a 24-hour domestic violence protocol, which allows law enforcement officers access to the forms required for a domestic violence order. Judges will then review those orders electronically.
If you need to file for a domestic violence order, Alford's advice is to first contact your local district clerk's office and ask what steps to take.
According to Alford, some clerk's offices are leaving the forms at the front security desk for people to come by and grab when needed. Other offices are emailing them out. If you can't get information through the clerk's office, contact 911.
