Paternity
Paternity determinations often lead to emotionally charged disputes about child custody between parents. Let the family law attorneys at Cooley Iuliano Robey, PLLC help you navigate paternity and other complex family law issues. At this difficult time for your family, you need the help of family law attorneys you can trust to handle your case with the utmost compassion, skill and professionalism.
Kentucky Paternity Law
Kentucky paternity law is governed by KRS 406.021 statutes and a claim may be made by either the mother, father, child or any other person providing support for the child. Support that may be sought in connection with a paternity action includes child support, the mother’s pregnancy and birthing expenses, medical support and any other support required to care for the child.
At the hospital, both parents may complete and sign the Affidavit to establish paternity for a child born to an unmarried mother. If unmarried parents do not sign the Affidavit, the father’s name will not be on the birth certificate and the child has no legal father at that time. As the Affidavit must be signed by both biological parents, if either one chooses not to, paternity cannot be established by this method. However, the parents may choose a paternity establishment at a later time.
In Kentucky Law, when a woman is married at the time of the child’s birth or conception, or any time in between, there are laws that consider her husband to be the father – even if he is not the biological father. The husband is the “presumed father,” and his information must be included on the child’s birth certificate as part of the birth registration process at the hospital. The only exception to this is if the mother has been separated or is in the process of a divorce from her husband for 10 months or more prior to the child’s birth.
If you need legal advice, you may contact our attorney regarding paternity and Kentucky child support. There may be some fathers who want to claim paternity to their children who can go to our office and check out our services.
Establishing Paternity
In Kentucky (KY) paternity may be established by the natural mother and father signing a voluntary acknowledgement of paternity rights or by filing a petition to establish paternity with the juvenile division of district court. If a party files a petition for paternity with the district court, then the parties can enter into an agreed order acknowledging paternity. If there is a question as to the paternity of the child, and the court receives a request, then a genetic paternity test will be performed. The genetic paternity test generally involves collecting a cheek swab from the mother, child and father listed in the petition.
The Paternity Order
Once the court is satisfied by genetic paternity testing and testimony of the parties that paternity has been established, then the court will order child support and may establish custody and timesharing. In most cases parties will be required to file a separate action in the Kentucky Circuit-Family Court to address custody and timesharing.
Let Us Help
Cooley Iuliano Robey, PLLC’s experienced family attorneys deal with paternity, custody, timesharing and child support matters frequently. We have the benefit of vast experience having practiced before many Kentucky family court judges. Let us put our experience and knowledge to work for you.
