Legal Question in Family Law in Kentucky

What rights does my 16yr old son have in Ky as a unwed father. He wants to be part of the pregnancy, birth,and care of his unborn baby? His 16yr old girlfriends guardian forbids him to see her.


Asked on 5/17/12, 4:50 pm

3 Answers from Attorneys

Andrea Welker Welker Law Office

He doesn't have any rights at the moment. But once the child is born, he can establish paternity through the services offered in the county attorney's office. He will then have standing to seek custody and visitation rights so he can be a part of the child's life. This will also create a child support obligation for him.

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Answered on 5/17/12, 5:02 pm
Gregory Napier Troutman & Napier, PLLC

Pre-natal rights of an unwed father would be venturing into very murky legal waters. Based on prior case doctrines, it is unlikely that a court would recognize any rights to be involved in the pre-natal care and there are many barriers to overcome - for example, how would he establish paternity? However, if you wanted to brave uncharted territory and perhaps establish US Constitutional case law, you should find a lawyer with civil rights litigation and appeal experience.

As for post-birth: He will have to file a paternity action to establish timeshare, custody, child support and so forth.

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Answered on 5/18/12, 6:10 am


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