Legal Question in Family Law in Kentucky

I have a 3 year old son be 4 in Nov, his real father haves seen him 3 times since hes been 6 months old, and as of right now its been 1 year 1 month and 13 days since hes seen him, called to check on him or anything, We had a DNA test done when my son was around 8months old, and he was proven to be the father and he is paying 60 a month in child support, But i got to thinking and he is not on the birth certificate but i did give him the last name,but we was not married and at the time i was 17 when I had my son,Now I am 21 and I have been married for going on 3 years to my husband and we have 2 other kids together hes haves been here for my son since 6 months old, I have tryed everything to get my sons real father to have something to do with him but he wont and hes not any good now,He also leaves in a nother state as we do,I have ask him to sign his rights over if he even haves any he was willing to until his father and mother found out then he wouldnt and my husband is wanting to put my son in has name and sign the birth certificate,Please help I have talk to laywers and they want money up front and I want to see if its worth trying and what to do before i go spend a bunch of money and then his real dad end up trying to get rights with getting him or something,Thanks alot


Asked on 2/19/12, 5:35 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

Well, it's unclear in what state the child actually lives, but basically, if your case is in Kentucky, unless bio dad has actually done something to warrant getting his parental rights terminated, if he doesn't consent to terminating his rights, there really isn't anything you can do. He might be a crap father, but he still gets to be the kid's crap father. He is the legal father, and it doesn't matter what is on the birth certificate; once paternity is established (and it has been if there is a child support order), he has legal rights. At least he pays his child support. In the meantime, your son is lucky he has a stepfather who is a constant father figure to him. He'll grow up knowing who his real father is, and who the stranger who donated half of his DNA is.

Read more
Answered on 2/23/12, 9:24 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kentucky