Establishing Paternity in Kentucky: Rights, Responsibilities, and the Legal Process
What Is Paternity?
Paternity is the legal recognition of a biological father’s relationship to a child. Establishing paternity is essential for ensuring the child’s rights to financial support, inheritance, and other benefits. It also establishes the father’s parental rights, including custody and visitation.
In Kentucky, paternity can be established voluntarily or through court proceedings under KRS Chapter 406.
Why Is Establishing Paternity Important?
Establishing paternity has wide-reaching implications:
Legal Benefits: The child gains inheritance rights, access to benefits such as health insurance and Social Security, and clarity regarding parental rights and obligations.
Financial Security: Both parents share financial responsibility for the child, providing a stable foundation for their upbringing.
Emotional and Familial Connections: Establishing paternity strengthens relationships between parents and children, offering opportunities for shared parenting and bonding.
Decision-Making Authority: Legal paternity allows parents to participate in significant decisions about the child’s healthcare, education, and overall welfare.
Methods of Establishing Paternity in Kentucky
Voluntary Acknowledgment of Paternity (VAP):
Both parents can voluntarily establish paternity by signing a VAP form at the hospital after the child’s birth or at the local health department.
Once signed, the father’s name is added to the child’s birth certificate, and the form becomes legally binding after 60 days unless challenged in court.
Court Order:
If paternity is disputed or not voluntarily acknowledged, a party may file a petition in family court to establish paternity.
Either parent, the child, or the Kentucky Cabinet for Health and Family Services can initiate the court action.
Genetic Testing:
The court may order genetic testing to confirm biological parentage. A probability of 99% or higher is typically required to establish paternity.
Legal Process for Establishing Paternity Through the Court
Filing a Petition:
The petition is filed in the family court of the county where the child resides.
Notice to the Alleged Father:
The alleged father must be served with notice of the petition and has the right to respond.
Genetic Testing:
If paternity is contested, the court may order DNA testing of the mother, child, and alleged father.
Adjudication of Paternity:
If the genetic testing confirms paternity, the court issues an order establishing the legal relationship.
Determining Support and Parental Rights:
Once paternity is established, the court may issue orders regarding child support, custody, and visitation based on the best interests of the child.
Challenging or Disputing Paternity
In some cases, an individual may seek to challenge or dispute paternity, such as:
Alleging that another person is the biological father.
Presenting evidence of fraud, duress, or material mistake of fact in signing the Voluntary Acknowledgment of Paternity.
A challenge to paternity typically requires court intervention and genetic testing.
How Millard Law Can Help
Establishing paternity is a critical step in protecting the rights of parents and children. Whether you are seeking to establish paternity, dispute an allegation, or navigate related issues like child support or custody, Millard Law is here to help.
Millard Law provides experienced legal representation in paternity cases across Northern Kentucky, including Boone, Campbell, Kenton, Grant, Carrollton, Owen, and Gallatin counties. Let Dominic V. Millard guide you through the process and advocate for your rights.
Contact Millard Law
If you need assistance with a paternity case, contact Millard Law today for a free consultation. I am here to help you protect your rights and the best interests of your child.
For more detailed legal information, refer to:
KRS Chapter 406: Kentucky laws governing paternity.