Legal Question in Family Law in Kentucky
My 16 year old daughter just had a baby and i have a no contact order on the babys dad. She wants to let him take the baby overnight. Is this a violation of that order? The paternity hasn't been proven yet but is it possible that he could refuse to return the baby to my daughter? What are her rights to ensure the custody of the child?
1 Answer from Attorneys
Under Kentucky law, a father is presumed to have co-existing and equal custody to a child. So, if the baby is his child and there is no court order assigning custody or timeshare, he could keep the baby until something gets before a court. He would be stupid to do so, but I would not be surprised if the police refused to intervene without court orders.
As for the no-contact order, without knowing the exact provisions of that order or the background to it, I cannot speculate as to how the court would view his contact with the baby.
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