When parents are not married, the law does not automatically recognize the father. Establishing paternity is the first step toward custody, parenting time, and child support. MDR Law Group, PLLC helps mothers and fathers in Bullitt, Nelson, Hardin, Spencer, and Jefferson Counties establish or contest paternity and then sort out what comes next.
Why paternity matters
- It gives a father the standing to ask for custody and timesharing.
- It allows the court to order child support.
- It can affect the child's inheritance rights and eligibility for benefits through the father.
- It gives the child access to the father's family medical history.
Two ways to establish paternity
Voluntary acknowledgment
Parents can sign a voluntary acknowledgment of paternity, often at the hospital when the child is born, where the form is offered to unmarried parents. Both parents must sign it in front of a notary. A signed acknowledgment creates a presumption of paternity. Parents can also establish paternity in District Court by sworn affidavits or testimony in which the mother names the father and he admits paternity.
An acknowledgment is a presumption, not the final word. If there is real doubt about who the father is, the presumption can be challenged in court, usually with genetic testing. Before signing, both parents should be sure, because the acknowledgment will be the starting point for custody and support.
Court action and genetic testing
If paternity is disputed, the mother, the alleged father, the child, or someone supporting the child can ask the court to decide it. The court must order genetic testing of the mother, the child, and the alleged father if a party asks. If the mother refuses testing, the court may decide paternity against her, unless an agency supporting the child brought the case. If the alleged father refuses or does not submit results within 30 days of the order, the court resolves paternity against him.
Once paternity is established, the father can also be held responsible for a share of the costs of pregnancy and childbirth, along with child support. Medical bills for the pregnancy, the birth, and the testing are accepted as evidence of those costs.
Many paternity cases are brought by the County Attorney's child support office at a parent's request. That office's focus is support. If custody or parenting time is also at stake, you may want your own attorney.
Rights of unmarried fathers
Once paternity is established, a father has the same standing as any other parent to ask the court for custody and timesharing. Kentucky law presumes that joint custody and equally shared parenting time are in a child's best interests, whether or not the parents were married. An unmarried father who has not established paternity may not be able to block an adoption of the child, so acting early matters.
Kentucky also keeps a putative father registry. A man who believes he is a child's father and does not register as required can lose the right to object if someone later petitions to adopt that child. See our Adoption page.
After paternity is established
The court can then enter orders on custody and timesharing and child support. These are often handled in the same case, and the court can enter temporary custody orders while it is pending.
What to bring to your consultation
- The child's birth certificate and any acknowledgment of paternity that was signed
- Any existing court orders or child support paperwork
- Records of your involvement in the child's life, such as messages, photos, and school or medical records
- Any genetic test results you already have
What we help with
- Establishing paternity for mothers and fathers
- Contesting paternity and genetic testing
- Custody and timesharing for unmarried parents
- Child support after paternity is established
Talk to us
Call (502) 309-9044 or use our contact form to schedule a free consultation.
This page provides general information, not legal advice. Every case is different, and past results do not guarantee future outcomes.