Legal Question in Family Law in Kentucky
child legal rights
My nephew and ex girl friend just had a baby. He signed the birth certificate; however, was told that didn't mean that he had visitation rights unless he took a DNA test which he is willing to do. She won't agree to one. Does he have legal rights to the baby
2 Answers from Attorneys
Re: child legal rights
Under Kentucky law, each parent is presumed to have custody of the child unless shown to be unfit. Also under Kentucky law, having his name on the birth certificate creates a presumption that he is indeed the father. All this is to say that he should have time sharing and he can petition the court to set time sharing or even have physical custody of the baby. Beyond saying that he can file with the court, one cannot say how much time he would actually be granted or if he would win a bid to be the primary residential parent.
Re: child legal rights
Under Kentucky law, each parent is presumed to have custody of the child unless shown to be unfit. Also under Kentucky law, having his name on the birth certificate creates a presumption that he is indeed the father. All this is to say that he should have time sharing and he can petition the court to set time sharing or even have physical custody of the baby. Beyond saying that he can file with the court, one cannot say how much time he would actually be granted or if he would win a bid to be the primary residential parent.
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