When you learn that you had a child you previously knew nothing about, the realization can alter your life’s direction and focus. If you want to be fully present for your child, establishing paternity is a crucial first step.
In Kentucky, courts use a paternity action to determine biological fatherhood and provide a foundation for you to request enforceable rights. Learning more about this legal process can help you build a recognized and protected relationship with your child.
Who can file a paternity action?
In Kentucky, a paternity action can generally be initiated any time before the child turns 18 or 19 if they are still in high school. Eligible filing parties include:
- Biological mother: Secure child support and medical coverage
- Putative father: Establish custody or visitation rights
- Adult child: Determine their legal lineage
- Third party: Obtain support for the minor child or enforce existing orders
In cases where the child receives public assistance, The Cabinet for Health and Family Services (CHFS) can file to seek reimbursement and ongoing support from the biological father.
Role of DNA evidence
When your paternity is contested during proceedings, the court can require genetic testing to definitively prove that you are the child’s father. The test is a simple and non-invasive process, usually done with a cheek swab.
In Kentucky, a 99 percent or greater probability of fatherhood creates a legal presumption of paternity. The court usually assigns the cost of DNA testing. If the results confirm parentage, the person who disputed it may have to pay the court back.
Alternative to paternity action
You and the child’s mother can willingly sign a Voluntary Acknowledgement of Paternity (VAP) to add your name to the birth certificate and verify your legal paternity. While a VAP does not automatically give you custody or visitation rights, it does allow you to request it from a judge. Going this route is often quicker and easier while eliminating the need for any court involvement.
Committing to your child’s future
Pursuing a paternity action is a powerful way to show that you are serious about your child’s long-term stability and overall well-being. A lawyer can help you prepare the documents needed to formalize your status as a parent. You deserve to protect the bond that ensures your child grows up with your presence, support and love.