Many unmarried fathers worry if they can get custody of their child. Unlike married parents, an unmarried father does not automatically hold legal custody rights when a child is born out of wedlock. In Kentucky, the biological mother holds default sole legal and physical custody until fatherhood is legally established.
Establishing custody rights
However, Kentucky law uniquely favors the father by establishing a rebuttable presumption that joint custody and equal parenting time serves the child’s best interests. Once legal paternity is established through a Voluntary Acknowledgement of Paternity (VAP) or a DNA test, the judge does not favor the mother based on gender. The law evaluates both parents equally based on:
- The child’s emotional, physical and developmental needs
- The stability of each parent’s home environment
- Each parent’s mental and physical health
- Any history of domestic violence or substance abuse
Once paternity is established, you can request legal and physical custody. Legal custody gives the parent the right to make major decisions regarding healthcare, education and religious upbringing. Physical custody is the schedule defining where the child lives on a day-to-day basis.
Securing your parental rights
While an unmarried father must take active legal steps to claim his right, Kentucky law strongly supports involved fathers once paternity is proven. By establishing paternity and filing a petition in the family court with the help of an experienced family law attorney, you could place yourself on equal footing to fight for joint or primary custody of your child.