Legal Question in Family Law in Kentucky

Dead-beat dads

I have a three part question. The father of my child decided on his own not to be involved by removing himself from my life and moving across the country. He was not part of the pregnancy, birth, or raising my now nine month old child. He is now getting married. Will he have to pay me less child support because he will have a family of his own, including a step-child? Also, should I encounter any child support or custody problems due to the fact that we were never married, even though paternity has been established? Lastly, I am concerned that although I have provided a safe, happy home for my child, and the father has never even met his child (by his choice), he may try to get custody. Is it ''typically'' at all common for a father to win custody over a good mother if he has not been involved? More to the point, do excuses for lack of involvement (i.e. the father didn't want to have any association with me) work in court? I believe it is safe to assume that he cannot get out of paying some sort of support for his child, but I am certain he will do anything in his power to avoid it.


Asked on 8/04/05, 4:01 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Dead-beat dads

Your question has several facets, each of which can take a long time to consider. GENERALLY, child support for the children is established for the most part by a schedule based on the non-custodial parent's income. Usually the second child is somewhat more affected if the non-custodial parent is paying for a first one(apparently this may be your situation). His support payment to you is based on his gross pay unless there is some exceptional expense on either yours or his part such as a large continuing medical bill, etc. This depends on the case and what he is making. Custody is based on the standard of what is in the best interest of the child. Just because he gets married, etc, does not necessarily give him any advantage in seeking custody particularly when you have had custody since birth. I must remind you that this answer is so general that it can only serve to give you a basic outline. You should consult an attorney for a face to face consultation whenever a specific event occurs.

Read more
Answered on 8/05/05, 2:47 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kentucky