Legal Question in Family Law in Kentucky

My girl friend and I had a baby together using a sperm donor. My name is on the birth certificate. The baby will be living with me come July 3rd. I live with people. They think I should give them legal rights over her. I don't think I should. I do have other kids and I do owe child support. They think the state will take her, no questions asked. What are my legal rights here? And can they take my daughter?


Asked on 6/30/12, 4:30 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

First, owing child support doesn't effect custody rights, but why are you caring for someone else's child, when you are behind in child support for your biological children? From what you've described here, you aren't this baby's father, biologically or legally. You don't have any legal rights over the child now, so you certainly can't give them to anyone else. Your name on the birth certificate is meaningless; when a couple is unmarried there is no presumed father and paternity must be established. Since you aren't the biological father, you're going to have difficulties. If Mom or the biological father (I'm going to assume by "sperm donor" you aren't being literal in the sense that Mom was artificially inseminated using an anonymous donor), assert their rights, or the Cabinet gets involved, you have no standing.

You need to go IMMEDIATELY and seek a consultation with a family law attorney in your jurisdiction to review your options.

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Answered on 6/30/12, 6:17 pm


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