Legal Question in Family Law in Kentucky

Re: child custody

The key question here is, have you been adjudicated as the father in a paternity suit? If not, you have no legal rights to the child whatsoever, and the mother can certainly keep the child away from whomever she pleases.

If you have been adjudicated as the father, you are entitled to visitation rights, but to must file a motion to secure those rights. Most courts will require you to phase in visitation, meaning you must travel to KY to see the child periodically before you take the child to TX. Once you have visitation privileges, your wife cannot be kept away unless the mother proves, somehow, that it is in the best interests of the child.

Finally, once you have been adjudicated as the father you cannot simply give up your rights to the child. You have a legal, and moral, obligation to help the mother raise the child. Unless another person wants to adopt the child, a court will likely not allow you to simply give up your parental rights.

Good luck.