Why It’s Important to Establish Paternity in Kentucky

When a child is born to unmarried parents in Kentucky, the law does not automatically recognize the biological father as the child’s legal father. Establishing paternity is the process of creating a legal relationship between a father and his child. While it might seem like just a formality, paternity carries important rights and responsibilities for both parents and, most importantly, it provides critical benefits for the child.

In this post, we’ll explain how paternity works in Kentucky and why it’s so important to take this legal step.

What Does It Mean to Establish Paternity?

In Kentucky, paternity refers to the legal process of determining who a child’s father is. If parents are married at the time of the child’s birth, the husband is presumed to be the legal father. However, if the parents are not married, a legal father is not recognized until paternity is established, even if both parents already know who the father is.

There are several ways to establish paternity in Kentucky:

• Voluntary Acknowledgment: Both parents may sign and submit a Voluntary Acknowledgment of Paternity (VAP) form, often at the hospital upon birth or subsequently at the state’s Vital Statistics office. This is the most straightforward and fastest method to establish paternity.
• Court Order: Either parent or the Kentucky Child Support Enforcement program can file a petition asking the court to establish paternity. The court could ask for a DNA test if paternity is disputed.
• Administrative Order: In some cases, Kentucky’s Cabinet for Health and Family Services may issue an administrative order establishing paternity after DNA testing.

Why Is Establishing Paternity So Important?

Paternity doesn’t just name a child’s legal father. It opens the door to a wide range of rights and protections for the child, the mother, and the father.

The Child’s Rights

• Financial Support: After paternity is confirmed, the child is entitled to receive financial support from both parents. This ensures that both parents share responsibility for the child’s needs.
• Access to Benefits: A legally recognized father can provide the child with benefits such as health insurance, Social Security, veterans’ benefits, and inheritance rights.
• Medical History: Knowing both sides of a child’s family medical history can be crucial for healthcare decisions.

The Father’s Rights

Without legal paternity, a father has no rights to custody or visitation. Establishing paternity allows a father to seek parenting time and to play an active role in the child’s life.

The Mother’s Rights

Legal paternity allows a mother to pursue child support, helping to share the financial responsibilities of raising the child.

When Should You Establish Paternity?

It is generally best to establish paternity as early as possible. Doing so at or near the time of birth avoids unnecessary delays in securing legal rights for the child and ensures that both parents can begin fulfilling their responsibilities right away. However, it’s never too late. Paternity can be established at any time before the child’s 18th birthday.

How an Attorney Can Help

While voluntary acknowledgment works in many cases, some situations are more complicated, such as when paternity is disputed or when one parent is uncooperative. An experienced family law attorney can guide you through the process, whether that means assisting with voluntary forms, representing you in court, or helping secure child support and parenting time once paternity is established.

Contact Hoffman Walker & Knauf Today

At Hoffman Walker & Knauf, we understand how important it is to protect your child’s rights and your family’s future. If you have questions about establishing paternity in Kentucky, we’re here to help. 

Contact us today to schedule a consultation with our team and learn how we can assist you.