Filing a Paternity Action in Kentucky: A Step-by-Step Guide

Establishing paternity involves more than merely identifying a child’s father. It also safeguards the rights of both the child and the parents. In Kentucky, a paternity action can ensure that a child has access to financial support, health insurance, inheritance rights, and even a meaningful relationship with both parents. 

Whether you’re a mother seeking child support, a father wishing to assert parental rights, or a third party involved in the care of a child, understanding the process of filing a paternity action in Kentucky is essential.

Who Can File a Paternity Action?

In Kentucky, a paternity action can be filed by:

• The child’s mother
• A man who believes he is the father
• The child (through a guardian or next friend)
• The Kentucky Cabinet for Health and Family Services, if the child receives public assistance

Paternity cases are generally initiated in the Family Court section of the District Court located in the county where either the child or a parent lives.

Step 1: Understand Voluntary Acknowledgment

In many cases, paternity is established without court involvement through a Voluntary Acknowledgment of Paternity (VAP). This is a legal form that both parents sign, usually at the hospital when the child is born. Once filed with the Kentucky Office of Vital Statistics, it has the same legal effect as a court order.

However, if paternity is disputed or no VAP was signed, the next step is to file a formal action with the court.

Step 2: File a Petition to Establish Paternity

To begin the legal process, the petitioner must file a Petition to Establish Paternity with the appropriate Family Court. This document requests that the court determine the child’s legal father.

Step 3: Serve the Other Party

After filing, the other party, usually the alleged father, must be officially served with notice of the action. This is done through formal legal service methods, such as a sheriff’s deputy or a professional process server.

The respondent then has the opportunity to respond to the petition and either admit or deny paternity.

Step 4: Genetic Testing (If Needed)

If paternity is disputed, the court may order DNA testing to determine the father’s identity. This is typically performed with a cheek swab and is a straightforward, non-invasive procedure. In Kentucky, if a man is found to have a 99% or greater probability of fatherhood, he is presumed to be the legal father under state law.

Costs of genetic testing are usually assigned by the court and may be reimbursed by the party who disputed paternity if the results confirm parentage.

Step 5: Court Determination and Order

After obtaining the required information—either through genetic testing or mutual consent—the court will issue a paternity order. This legally establishes the father-child relationship.

The court may then proceed to address child support, custody, visitation, and other parenting responsibilities as part of the same action or a subsequent hearing.

Why Paternity Matters

Establishing paternity has benefits for everyone involved. For the child, it provides access to:

• Financial support
• Health insurance coverage
• Social Security or veterans’ benefits (if applicable)
• Medical history from both sides of the family

For parents, it provides clarity on rights and responsibilities, helping to create a legal foundation for shared parenting.

To Learn More, Contact Our Legal Team Today

Paternity actions can feel personal and emotionally complex, but they are ultimately about creating stability and fairness for children and families. If you’re considering filing a paternity action in Kentucky, consider working with a family law attorney who understands the local process and can help guide you through each step.

At Hoffman Walker & Knauf, we’re here to provide experienced, compassionate representation in paternity and family law matters across Kentucky. Contact us today to schedule a consultation and take the first step toward clarity and resolution.