Paternity and Custody Rights in Kentucky
Establishing paternity and understanding custody rights are critical steps for parents in Kentucky who want to protect their legal relationship with their children. Whether you’re a father seeking visitation rights, a mother requesting child support, or a co-parent navigating family law issues, understanding how Kentucky handles paternity and custody is essential for making informed decisions.
Why Establishing Paternity Matters
According to Kentucky laws, a child born to married parents is presumed to be the child of the husband. However, when the parents are not married, paternity must be legally established before the father can claim any custodial rights or responsibilities.
Establishing paternity is important for several reasons:
- It gives the child access to financial support from both parents.
- It allows the child to be eligible for health insurance, inheritance, and Social Security benefits from the father.
- It grants the father legal rights to seek custody or visitation.
- It fosters a deeper emotional bond between the child and both parents.
How to Establish Paternity in Kentucky
There are two main ways to establish paternity in Kentucky:
Voluntary Acknowledgment of Paternity (VAP)
If both parents agree on the identity of the father, they can complete a Voluntary Acknowledgment of Paternity form at the hospital upon the child’s birth or later at the local health department or child support office. This form has the same legal effect as a court order and adds the father’s name to the birth certificate.
Court-Ordered Paternity Test
If there is a disagreement or doubt regarding paternity, either parent or the state may initiate a paternity action in family court. The court can mandate genetic testing to verify if the claimed father is biologically related to the child. If the results affirm paternity, the court will issue an order that legally establishes the father-child relationship.
Custody Rights in Kentucky
After paternity is established, both parents can seek custody or visitation. Kentucky law presumes that joint custody and equal parenting time are in the child’s best interest. However, this presumption can be modified based on the specific circumstances.
Kentucky courts consider several factors when determining custody, including:
- The wishes of the parents and the child
- The child’s adjustment to their school, home, and community
- The physical and mental health of all parties
- The relationship between the child and each parent
- Evidence of domestic violence, if any
There are two main types of custody in Kentucky:
- Legal custody is the power to make significant decisions regarding a child’s upbringing, including medical care, education, and religion.
- Physical Custody refers to the place where the child resides on a daily basis.
Courts may award joint legal custody, sole legal custody, shared physical custody, or primary residential custody to one parent, depending on what is in the child’s best interest.
Fathers’ Rights in Custody Disputes
Establishing paternity is the first and most important step for unmarried fathers who want to be involved in their child’s life. Once paternity is confirmed, fathers have equal rights under Kentucky law to seek custody, parenting time, and a role in decision-making regarding their children.
It is also worth noting that courts do not automatically favor mothers. Instead, they focus on the child’s best interests and the ability of each parent to provide a safe and stable environment.
Contact Hoffman Walker & Knauf Today To Learn About Your Legal Options
Dealing with paternity and custody matters can evoke strong emotions and involve intricate legal challenges. At Hoffman Walker & Knauf, we offer empathetic and informed legal assistance to parents across Northern Kentucky.
If you’re dealing with a paternity dispute or custody matter, don’t wait. Contact us today to schedule a consultation and take the first step toward securing a better future for you and your child.
