Paternity in Kentucky Family law

Paternity in Kentucky Family law

As paternity can drive fundamental decisions in a divorce, from support to custody to visitation, any uncertainty about a child’s paternity should be challenged. Child support obligations are not removed in situations in which the parties were never married

In Kentucky either the mother or father can file a Petition to Establish Paternity although the Court can still deny a request to challenge paternity. Your Kentucky Paternity Lawyer at Goldberg Simpson can help you with your paternity issues including a challenge to the validity of the paternity test results.

Paternity can be established with certainty through DNA testing. Paternity is then established by a specific written document called an acknowledgment, which you must file with the father’s birth registrar.

Certain statutory presumptions of paternity govern the determination in certain situations. There is a presumption of paternity when a father has taken a child into his home and has held the child out as his own for a period of time. A presumption of paternity also arises in KY when a father signs a voluntary declaration of paternity. Still, if litigation is necessary, Goldberg Simpson attorneys are prepared to succeed in court.

Moreover, on June 5, the Kentucky Court of Appeals addressed the issue of father’s rights once again.  In Ison .v Ison (http://opinions.kycourts.net/coa/2012-CA-001271.pdf), the Court was tasked with struggling with the issue of how to treat biological fathers versus nonbiological fathers. We refer you our our comments about the case in a recent blog post we dedicated to this new paternity case in Kentucky.

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If you or a loved one is in need of legal assistance, call Goldberg Simpson at 502-589-4440.