Paternity is the legal establishment of a father’s identity. This process is usually straightforward when the father is married to the child’s mother. However, when the parents are not married, establishing paternity can be a more complicated process. In Kentucky, paternity can be established through a divorce proceeding. In this article, we’ll dive into the ways that paternity can be established in a Kentucky divorce case.
Presumption of Paternity
When a child is born to a married couple, the husband is legally presumed to be the father. In situations where the parents are unmarried, paternity must be established. One way to establish paternity is through the presumption of paternity.
In Kentucky, if a man and woman have a child together and attempt to marry but the marriage is declared invalid, the man is still considered the father of the child. Similarly, if a man and woman live together and represent themselves as the child’s parents, the man is assumed to be the father.
Voluntary Acknowledgment of Paternity
Another way to establish paternity is through a voluntary acknowledgment of paternity. This involves signing an "Acknowledgment of Paternity" form. This form is typically signed at the hospital when the child is born, but it can be signed at any time after the child is born.
Both parents must sign the form, and it must be notarized. Once the form is signed, the father’s name is added to the child’s birth certificate.
Court Order
If the parents are unable to agree on paternity, a court order may be required. This may be necessary if the alleged father denies paternity or if paternity is uncertain.
The process of obtaining a court order begins with the filing of a paternity complaint. This complaint initiates a legal case in which paternity will be established.
The court may order genetic testing to determine paternity. This involves taking a DNA sample from the child, the mother, and the alleged father. The DNA samples are then analyzed to determine if there is a genetic relationship between the alleged father and the child.
Conclusion
Establishing paternity is an important step in ensuring that a child has a relationship with their father and is entitled to all of the legal benefits that come with that relationship. In Kentucky, paternity can be established through the presumption of paternity, a voluntary acknowledgment of paternity, or a court order. If you are going through a divorce and need to establish paternity, it is important to speak with an experienced family law attorney who can help guide you through the process.