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Options when your child’s father refuses to confirm paternity

On Behalf of | Dec 8, 2023 | Father's rights & paternity

Fathers have the right to deny that they are a child’s biological father. However, should the father of your child do this, you are not left powerless. Thanks to Kentucky laws, you have an alternative legal avenue to affirm the paternity of your child. The process of enforcing paternity tests can indeed be challenging, but it’s a crucial step in confirming the biological father of your child. This confirmation allows family courts to determine each party’s parental and financial responsibilities necessary for your child’s welfare.

Enforcing paternity tests through court orders

When a father refuses to take a paternity test in Kentucky, the legal system has measures in place to enforce compliance. You can petition the court to order genetic testing. This typically involves a man who is a “putative” father. This term refers to a man who is alleged or claimed to be the biological father of a child, but paternity has not been legally established. If a putative father denies paternity or if there is a request for genetic testing, a court can order him to submit to these tests.

Consequences of not following the court order

If the father does not comply with the court order, the state can take enforcement actions, such as contempt of court. Contempt of court is a legal term used when someone has disobeyed a court order. This recourse can lead to several consequences, including fines or criminal charges.

Contempt to compliance

Potential consequences of not following a court order should encourage a father to follow the court’s order for a paternity test. The goal is to confirm the child’s paternity and ensure the identified parent meets their obligations. These can include providing child support, contributing to health insurance, assisting with education costs and offering other forms of support for the child’s well-being.