Legal Question in Family Law in Kentucky
my husband some years ago had an affair with a married woman. That woman became pregnant. It was not sure if the child was his or her then husband. When the child was born her husband signed the birth certificate. She never told him that there could be another father to the baby. She is now calling us... she and her husband split... isn't he the one legally obligated to the child? Can she come after my husband and try to prove paternity how would that work. She lives in kentucky where we used to live but we are 2000 miles away now.
1 Answer from Attorneys
Based on the current law in Kentucky she could file a paternity action in Kentucky Courts. Your husband would then be served with the paternity action by mail, either through the Court or the Kentucky Secretary of State. Your husband would then have 20 days to respond, either by hiring an attorney or filing a document on his own with the Court contesting (or less likely I assume admitting) paternity. He could then take a paternity test to determine if he is the father. Once that is determined, the results depend on the action to be taken- positive then he will have to pay child support and can ask for visits, negative- case dismissed.