Legal Question in Family Law in Kentucky
Paternity Not Established/Birth Certificate Not Signed/Legal Issues Involved
Short and to the point. If a child is born out of wedlock, we were engaged but I broke it off, the father has never seen the child knows that he exists has never attempted to see the child paternity has never been established nor birth certificate signed and the Father has blatantly said that he wants nothing to do with the child what legal rights do I have if any to have his rights revoked or do I need to do anything at all? IS it possible to prove paternity get sole custody and have him terminate his rights and receive no child support? I would sign anything I am financially secure and can provide a nice life for my child. Not to mention a life that is filled with nothing but love of which I know that he would not receive as his father has yet to see him and that has been 14 months ago.
2 Answers from Attorneys
Re: Paternity Not Established/Birth Certificate Not Signed/Legal Issues Involved
As long as he does not seek paternity or visitation, then he has no rights at this time. If at some point you get married, it would make it easier to have your current husband adopt him potentially. If you were to file for paternity and ask for custody, he would more than likley not be permitted to sign away his rights unless someone were there to step into his place as the father.
Re: Paternity Not Established/Birth Certificate Not Signed/Legal Issues Involved
I take a somewhat different approach from Mr. McGowin.
I concur that "dad" has no currently viable rights. However,
he could seek to re-enter your life if/when you decide to marry
someone else. Adoption then could become sticky, as you
would have to prove dad's neglect. He could counter with
belated show of support & affection. As a rule, judges do not
like to terminate rights when there is nobody seeking to adopt.
The question then becomes whether you want to try to resolve
the matter now, with some degree of uncertainty as to outcome,
or later, with uncertainty then as well. The advantage of waiting
would be dad's lengthening track record of no financial or emotional
support. In any event, best wishes to you and your young son.
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