Legal Question in Family Law in Kentucky

Pregnant wife confesses baby isn't husbands

My son's wife is expecting a child supposedly in November. She told him two weeks ago she does not believe the baby is his. She agreed to have paternity tests done at the earliest time allowed. The OB doctor will not do the test prior to birth. The state will do the test for $144 as soon after birth as they can come to the office. The child support worker said my son's name will stay on the birth certificate even if the blood test says he is not the father until paternity can be established on the biological father. I believe this man is on parole in a neighboring state and he probably will not volunteer to do this test. In what ways will my son be legally responsible for this child if he is not the father but paternity has not been established on the real father? If they divorce? If they stay married?


Asked on 9/11/00, 12:52 pm

1 Answer from Attorneys
Rick Sommer Law Offices of Rick J. Sommer

Re: Pregnant wife confesses baby isn't husbands

Kentucky law states that a child born during lawful wedlock, or within ten months thereafter, is presumed to be the child of the husband and wife. However, that presumption is rebuttable with clear and convincing evidence. If there is a dispute about paternity, your son does not have to have his name on the birth certificate until the matter is settled by the District Court. If your son wishes, he can ask that the county attorney or the Cabinet for Families and Children establish the actual paternity. I practice in Kentucky and Ohio. Please feel free to call me at 859-372-6601 or email me if you would like to discuss this further.

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Answered on 10/12/00, 1:53 pm


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