Legal Question in Family Law in Kentucky
I am currently 19weeks pregnant, 19 years old, and live in KY. There are two potential fathers. One I am currently dating (John), and the other(Seth) is an ex.
John and I are very happy with the baby that's coming whether it's biologically his or not. He accepts full responsibility.
Seth, on the other hand, has done nothing thus far relating to the situation excluding a text message every few weeks not relating to the baby. He shows no interest in mine and the child's well being.
So, my question is...
If John accepts paternal responsibility and I claim him as father, could Seth get a court ordered paternity test?
I'm not having one done because Seth is not an emotionally stable human being and I want him to have no legal ties whatsoever to my child. John understands that the child could biologically be his or Seth's, but he is not phased by that fact. We basically want to live a happy life with our child without interference from Seth.
Seth is currently not showing interest, but I don't know whether or not he will later on in the pregnancy.
1 Answer from Attorneys
Yes, Seth can seek parental rights by moving the court for a paternity test. However, if he isn't interested in being a father, he probably also isn't interested in paying child support, which would be the result of him moving for parental rights.
You should know, however, that naming the father on the birth certificate is not enough to give the father of a child born out of wedlock parental rights, whether he's the biological father or not. Paternity still has to be established, either through DNA testing or through agreed order signed by the parties.
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