Legal Question in Family Law in Kentucky
Child Support
My daughter has another mans last name and this other man is the one that signed her birth certificate. She is cuurently resideing with him and he files her on his taxes. A paternity test was done to show that i am in fact the father and i am the one that is required to pay child support even though her mother will not let me see the child and nothing has been changed on the birth certificate. This other man and the childs mother are not in a relation ship and live in seperate states however she has sent my child to live with a man that is not any relation to her. Is this legal? Should they be allowed to keep my child from me and he be able to use a false birthcertificate to act as though she is his child for tax and public assistance services. He has registered her in school as her father. What can i do? The childs mother is still living in Kentucky collecting public assistance for the child that is not in her home while i am being persued for child support.
1 Answer from Attorneys
Re: Child Support
There are some facts that may change the answer. For example, was the mother and this man married at the time of birth? The birth certificate is not necessarily "false" in the way I think you mean it. His signature was an acknowledgement of paternity which he may have believed at the time.
The mother, who has custody, can legally place her child in the care of another adult. Hopefully, it is an adult that will appropriately care for the child. Under Kentucky law, after a certain period of time (6mos or 1year depending on the age of the child) the substitute care provider can legally be deemed a "defacto custodian" with rights equal to that of biological parents.
The only thing you can do is file a motion in the state with jurisdiction over the child's custody to obtain custody yourself. Which state that would be depends on who lives where and for how long. An attorney can best sort that out for you based on the facts of the case.
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