Legal Question in Family Law in Kentucky

My daughter is three years old. When she was born, her father and I were not together and he did not sign the birth certificate because he was in jail. He had a DNA test done and he was established legally as her father. She was less than a year old. We never went to court about custody, but after he was established, I received a notice stating he was responsible for keeping her insured. We have a mutual agreement that I have her 5 days a week, he has her 2. He doesn't help me with money, gas, or anything. He doesn't pick her up or drop her off. All responsibility is on me. Well, I lost my job and tried to apply for food assistance but they won't allow me because he has it that she lives with him so he can get kynect healthcare for her. I was told he would have to sign her over to me under her insurance. He won't do it. He says he now needs to claim her on food stamps, which is wrong because she lives with me and he doesn't help us at all. I want to go after him for child support now because after three years, I am sick of being the only provider. I just need to know, how I find out who has custody? Do I have legal custody? Can I go after him for child support or do I need to go through court and establish custody? Who should I talk to? We live in Kentucky.


Asked on 8/27/14, 1:14 pm

1 Answer from Attorneys
Bryan Gowin Bryan Gowin Attorney at Law

You can go through the Jefferson County Attorney's Office for child support, or you can hire a private attorney. You will have to have a private attorney (or do it yourself) if you want to establish custody and visitation. Since custody has not been established (based on what I can tell from what you state) it is presumed you and the father have joint legal custody. I would not sign anything concerning the child living with him so he can get food stamps for himself or the child (and you are correct for not doing this). You can proceed with child support without establishing custody/visitation but my guess is he will try to make this an issue when you do file for child support and it may be better to go ahead and file for custody, visitation and child support all at once to be proactive about it. I would consult a Kentucky attorney in more depth about these issues.

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Answered on 8/27/14, 2:22 pm


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