Full question:
I live in Kentucky. I filed a petition for custody of my illegitimate 4-year-old daughter. My daughter’s mother was killed in an automobile accident. I filed the petition three weeks after her death. She and I were the only persons who knew that I am the father of her daughter. What can I do to prove my paternity and to have custody of my daughter?
- Category: Paternity
- Date:
- State: Kentucky
Answer:
In Kentucky, unwed fathers will be given custody rights identical to those granted to married fathers and the statute provides both the father and mother the right to acknowledge paternity. A biological father of a child born out of wedlock has the right to petition and obtain custody of his child if he is trustworthy. So long as a father can produce reliable evidence that he is the father and is not a stranger to the child, and that it is in the best interest of the child , the putative father may petition the circuit court for custody. This provision has been provided in KRS § 406.021, that reads as follows:“(1) Paternity may be determined upon the complaint of the mother, putative father, child, person, or agency substantially contributing to the support of the child. The action shall be brought by the county attorney or by the Cabinet for Health and Family Services or its designee upon the request of complainant authorized by this section.
(2) Paternity may be determined by the District Court when the mother and father of the child, either:
(a) Submit affidavits in which the mother states the name and Social Security number of the child's father and the father admits paternity of the child; or
(b) Give testimony before the District Court in which the mother states the name and Social Security number of the child's father and the father admits paternity of the child.
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(4) Voluntary acknowledgment of paternity pursuant to KRS 213.046 shall create a rebuttable presumption of paternity.
(5) Upon a showing of service of process on the defendant and if the defendant has made no pleading to the court or has not moved to enter evidence pursuant to KRS 406.091, the court shall order paternity to be established by default.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
