Legal Question in Family Law in Kentucky
Child's Paternity
My ex is fighting me for custody on bogus aligation's. He has money I don't so he usually win's. There is a chance he may not be my daughter's dad. He has paid support for her for 2 1/2 yrs. What should I do? Should I just fight for her or should I say something about her paternity? I don't want to hurt anyone but I don't want to lose her. Since I have no money I can't fight like he can. So what do you think is my best route on what to do to keep her? Can he prosecute me? What can he do to me?? He has no idea that she may not be his. We were seperated when I was with someone else. Please help me to decide what is best.
1 Answer from Attorneys
Re: Child's Paternity
From what you said in your question, I take it that you and your ex were married at the time of the birth of your daughter. That makes her his child in the eyes of the law.
The rest of your question has so many variables that you would likely get 50 different bits of advise from 50 different attorneys. It is a very sensitive situation and to get sound counsel, the attorney really needs to have a fuller picture than can be conveyed here. It also involves moral choices that go beyond application of the law.
On one hand, the truth may set you free because the legal dad may stop his pursuit. On the other hand, mere biology would not end his rights as a father because you two were married at the birth.
As far as prosecution goes, in this case, the marriage made him dad whether biology did or not and so criminal prosecution is incredibly remote if not out of the picture entirely.
Whether he attempts to create some kind of civil lawsuit based on fraudulent misrepresentation is another matter. He could attempt this but it is unlikely to get beyond summary judgement in my opinion.
My bottom line advise - go see an attorney. It will be well worth the investment.