Legal Question in Family Law in Kentucky

That is true. If neither you nor your husband dispute your husband's paternity of the child, then the biological father has no legal standing to make a paternity claim, because of the presumption under the law that a child born in wedlock is the child of the husband. However, if you do wish to acknowledge that the child is not your husband's, or your husband wishes to dispute his paternity rights, then that opens the door for the biological father to assert paternity rights.

If you or your husband want the biological father to have paternity rights instead of your husband, all you need to do is file a paternity action. Here in Fayette County, the county attorney's child support division will assist in that action, so check with your local county attorney to see if they can assist you. If not, another agency such as Friend of the Court could provide those forms. If you are uncertain of paternity, a DNA test can be performed at a reasonable rate.

If you plan to divorce your husband, you still need to include the child in the divorce proceedings if those occur after the birth of the child. If the court allows you to divorce prior to the birth, the pregnancy still must be acknowledged and your husband's paternity disputed. You will want to discuss the matter with an attorney who practices in your county. If you cannot afford an attorney, contact Legal Aid or your local bar association for pro bono or reduced fee services.