Paternity in Kentucky: Rights for Unmarried Fathers

Establishing paternity in Kentucky is a legal process that defines unmarried fathers’ parental rights, responsibilities, and the future of their child. If an unmarried father does not have legally recognized paternity, he will not have enforceable custody or visitation rights, even if he is meaningfully involved in the child’s life. 

Understanding how paternity works – and what rights it creates – can help unmarried fathers protect their relationship with their children.

What Is Paternity Under Kentucky Law?

Paternity is a legal recognition that a man is a child’s father. In Kentucky, if parents are not married, the father is not automatically presumed to be the child’s legal parent. Paternity must be established before the court can address custody, parenting time, or child support.

Once paternity is established, the father gains legal standing equal to the mother in family court proceedings.

How Paternity Is Established in Kentucky

Establishing paternity in Kentucky can be done in several ways:

Voluntary Acknowledgment of Paternity (VAP)

Parents can sign a Voluntary Acknowledgment of Paternity form, usually at the hospital when the child is born, or at a later date through the Cabinet for Health and Family Services. When properly filed, this has the same legal effect as a court order.

Administrative or Court Order

If paternity is disputed, or if it’s not acknowledged voluntarily, then either parent can seek genetic testing through the court or through the Child Support Enforcement program. DNA test results that indicate a 99% or more probability of paternity typically result in a court order of paternity.

Presumption by Marriage

If the parents later marry, the father may be legally presumed to be the child’s father under certain circumstances.

Rights Gained After Establishing Paternity

Once paternity has been legally established, unmarried fathers are in a position to assert important parental rights, such as:

• Custody and parenting time.
• Authority to make decisions, jointly or alone, about education, health, and religion.
• The right to participate in the upbringing of the child.
• Access to school and medical records.

Kentucky Courts do not act in favor of one parent over the other because of gender or marital status. Decisions about custody and parenting time are based on the best interest of the child.

Custody and Parenting Time Considerations

Once established, paternity does not necessarily grant automatic custody or parenting time rights. Fathers need to request these rights through the court.

The factors judges will consider include the following:

• The relationship each parent has with the child.
• Ability to provide stability.
• Willingness to cooperate and co-parent.
• The needs of the child, both physical and emotional.

Kentucky law encourages shared parenting when appropriate, but the outcome in each case varies depending on the specific facts.

Responsibilities That Come With Paternity

Legal paternity brings responsibilities. Once paternity is established, the father may be required to pay child support, even if he does not have custody or regular parenting time.

Child support is determined based on Kentucky’s statutory guidelines, which consider:

• The income of each parent.
• Parenting time.
• Health insurance costs.
• Childcare expenses.

Support obligations are designed to meet the needs of the child and are legally binding.

Why Establishing Paternity Matters

Failure to establish paternity may have serious long-term repercussions. In the absence of legal paternity:

• Fathers have no enforceable rights when it comes to custody or visitation.
• Children might lose their right to benefits such as health insurance, Social Security, or any form of inheritance.
• Mothers might have difficulties in enforcing child support.

Establishing paternity significantly protects the parent-child relationship and the child’s legal and financial interests.

How Hoffman Walker & Knauf Can Help

Paternity matters often involve emotional and legal complexities when the parents do not agree or when communication has broken down. Our lawyers at Hoffman Walker & Knauf assist unmarried fathers to understand and establish their rights, prove paternity, and obtain fair custody and parenting arrangements available under Kentucky law. 

If you are an unmarried father looking to assert your parental rights, or a parent who needs help with establishing paternity, don’t hesitate to contact Hoffman Walker & Knauf today. Together, we will review your options and discuss next steps.