What can I do to prove my paternity and to have custody of my daughter?
Full Question:
I live in Kentucky. I filed a petition for custody of my illegitimate 4-year-old daughter. My daughter’s mother was killed in an automobile accident. I filed the petition three weeks after her death. She and I were the only persons who knew that I am the father of her daughter. What can I do to prove my paternity and to have custody of my daughter?
01/05/2017 |
Category: Paternity |
State: Kentucky |
#29515
Answer:
“(1) Paternity may be determined upon the complaint of the mother, putative father, child, person, or agency substantially contributing to the support of the child. The action shall be brought by the county attorney or by the Cabinet for Health and Family Services or its designee upon the request of complainant authorized by this section.
(2) Paternity may be determined by the District Court when the mother and father of the child, either:
(a) Submit affidavits in which the mother states the name and Social Security number of the child's father and the father admits paternity of the child; or
(b) Give testimony before the District Court in which the mother states the name and Social Security number of the child's father and the father admits paternity of the child.
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(4) Voluntary acknowledgment of paternity pursuant to KRS 213.046 shall create a rebuttable presumption of paternity.
(5) Upon a showing of service of process on the defendant and if the defendant has made no pleading to the court or has not moved to enter evidence pursuant to KRS 406.091, the court shall order paternity to be established by default.”