Paternity Law and Procedure Handbook - Kentucky 2025

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Fathers on the birth certificate have the right to receive child support from the mother as determined by the court and to have their assets fairly assessed to decide on their solvency in matters of child support allocation.
Once paternity is established legally, a child gains legal rights and privileges. Among these may be rights to inheritance, rights to the fathers medical and life insurance benefits, and rights to social security and possibly veterans benefits.
You cannot refuse, neither parent can refuse to submit to a paternity test, in any states. Should you refuse to take a paternity test, you will be found in contempt of court., and the judge will issue a court order to get you to supply your dna.
Paternity is a prerequisite to these parental rights. Once paternity is established, a father may pursue child custody and visitation rights. Many states offer simultaneous filing for paternity recognition and visitation and custody rights.
Fathers of unborn children have limited rights. To have any decision-making authority for an unborn child, you must first establish paternity. Before birth, this can only be done through the Department of Child Support Services. Only then you will have rights as the father of the unborn child.
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If a child is born to an unmarried mother, the mother is the sole custodial parent and legal guardian of the child unless a court order is issued stating otherwise. After paternity is established, the father may petition the court for visitation rights or for custody.
If the mother refuses for herself or on behalf of the child to submit to the tests, the court may resolve the question of paternity against her unless the action is brought by or is being prosecuted by an agency contributing to the support of the child.
In Kentucky, if a child is born outside of marriage, the biological mother automatically becomes the legal custodian. Unmarried fathers do not have initial custody rights but may pursue them through legal action.

child custody laws in ky