Legal Question in Family Law in Kentucky

Father wanting to give up all rights to child

My husband got hit with the news the othe day that he has a child that is 2 years old that he did not know about. The woman lives in kentucky and us in North Carolina and is threatening to get child support on him, he does not want the child or want to see her, as he claims it was a mistake, and feels that he should not have to pay any money to the mother for the child, since it has been 2 years before she told him. She has no job and is basically living off the state, and wants a ton of money. We dont know what to do, and he is scared he will go to jail if she finds out where we live. Please help us, Is there a way he can give up the child, she does not have his last name, and he isnt even on her birth certificate. Thank you very much.


Asked on 3/27/03, 6:15 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Father wanting to give up all rights to child

You wouldhave to file and action in Kentucky to terminate your rights to the child. This will not be successful if you are able to work, etc. I would insist upon DNA tests. These are very accurate. It will require samples from your husband, the baby and mother. The process is that she would have the state of Kentucky to process a child support request to your state. Your husband would only stand a chance to go to jail if he willfully failed to pay the support after he was ordered to pay it. Seek the advice of a local attorney. This is not something to run from. Do not panic and enter into any agreements unless it is through court. If it is a serious complaint, your husband will be served some sort of civil summons in a law suit. He will have the opportunity to defend. In a lot of cases, the DNA tests eliminate the person whom the mother identifies as the father. Often times, it is the state that wants the money it is paying the mother reimbursed. The Court in most cases will not simply let your husband off the hook by simply letting him terminate his rights. SEEK LOCAL COUNSEL WHO KNOWS HOW THIS OPERATES IN YOUR AREA.

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Answered on 3/27/03, 8:49 pm


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