Not Married but Both on the Birth Certificate? Custody in KY
When unmarried parents have a child together, questions about custody and parenting time can become complicated, particularly if both parents are named on the child’s birth certificate. Being listed on the birth certificate can establish important legal rights, but it does not necessarily mean the parents already have a court-ordered custody or parenting-time arrangement.
Kentucky law addresses custody based on the child’s best interests. Kentucky law also creates a rebuttable presumption that joint custody and equally shared parenting time are in the child’s best interests, subject to exceptions and other requirements.
Does Being on the Birth Certificate Establish Paternity?
For an unmarried mother, the father’s name can be added to the birth certificate when paternity is properly acknowledged. Kentucky law provides that a voluntary acknowledgment of paternity creates a rebuttable presumption of paternity. Paternity may also be established through a court proceeding.
This distinction matters because establishing paternity and establishing custody are not necessarily the same thing. A parent may have legally established parentage without having a specific court order addressing where the child will live or how parenting time will be divided.
Who Has Custody When Parents Are Not Married?
If unmarried parents disagree about custody, a Kentucky court can make a custody determination. The court’s focus is the child’s best interests, and each parent is generally given equal consideration. Kentucky law provides a rebuttable presumption in favor of joint custody and equally shared parenting time, although that presumption can be overcome with sufficient evidence.
The court considers the circumstances of the particular family. Relevant considerations can include the parents’ wishes, the child’s needs and relationships with the parents, and other factors affecting the child’s welfare. Allegations involving domestic violence, abuse, or an abused or neglected child must receive particular consideration under Kentucky law.
What If There Is No Custody Order?
A lack of a custody order can create uncertainty for both parents. Disagreements may arise over where the child should live, when the other parent can spend time with the child, who makes important decisions, or whether a parent can relocate with the child.
Rather than relying on an informal arrangement that could break down later, parents may benefit from obtaining a formal custody and parenting-time order. A court order can establish clear expectations and provide a legal framework for resolving future disagreements.
Can One Parent Get Sole Custody?
Joint custody and equal parenting time are not guaranteed. Kentucky’s statutory presumption can be rebutted, and courts must consider the child’s best interests when making custody decisions. Evidence concerning a parent’s conduct, the child’s safety, or other relevant circumstances may affect the outcome.
The facts of each family matter. A court may also establish a parenting-time schedule that differs from equal time when the evidence supports doing so.
Talk to Hoffman Walker & Knauf About Custody in Kentucky
Being unmarried does not prevent a parent from seeking custody or parenting time. However, determining parental rights can involve separate questions concerning paternity, custody, decision-making authority, and parenting time.
At Hoffman Walker & Knauf, we help Kentucky parents navigate custody matters and understand their legal options. If you are listed on your child’s birth certificate but do not have a custody order, contact us today—obtaining legal guidance can help you understand your rights and determine what steps may be appropriate for your family.
