A father and child beside a DNA strand

When parents are not married, a Kentucky father has no enforceable custody or timesharing rights until paternity is established. At Wise & Associates in Louisville, we establish paternity in Jefferson Family Court through a voluntary acknowledgment or a paternity case, then ask for custody, timesharing, and support orders.

Why Does Paternity Matter?

Paternity is the legal finding that a man is a child's father. Until it is established, an unmarried father cannot ask a court for custody or timesharing, and a mother cannot get a child support order against him. Paternity also matters for the child's inheritance, health insurance, and benefits.

What If the Parents Were Married?

When a child is born during a marriage, Kentucky law presumes the husband is the father (KRS 406.011). Married parents generally do not need a separate paternity case.

How Do Unmarried Parents Establish Paternity?

1. Voluntary acknowledgment of paternity

Both parents can sign a voluntary acknowledgment of paternity, often at the hospital when the child is born. Once the time to rescind it has passed, a signed acknowledgment has the effect of a legal finding of paternity (KRS 213.046).

2. A paternity case in court

If the parents do not sign an acknowledgment, or one parent disputes paternity, either parent can file a paternity case under KRS Chapter 406. In Jefferson County, paternity cases are heard on Jefferson Family Court's paternity dockets. The Jefferson County Attorney's Child Support Division also brings paternity cases when child support is being established.

What Happens in a Jefferson County Paternity Case?

  1. Petition and service. The case is filed and the other parent is served.
  2. Answer. The other parent admits or denies paternity.
  3. Genetic testing if paternity is denied. When paternity is denied, the court enters a pretrial order requiring the parents and the child to submit to genetic tests (FCRPP 13 and Jefferson Family Court local rules).
  4. The test report. Within 30 days of receiving the report, the petitioner files it with the court with a motion to resolve the case. If the report excludes the alleged father, the case is dismissed unless more testing is requested within 30 days (FCRPP 13).
  5. Pretrial conference. When paternity is admitted, acknowledged, or confirmed by testing, the case may be scheduled for an out-of-court conference with the County Attorney's Child Support Division to work toward an agreement.
  6. Judgment. The court enters a judgment of paternity.

What Happens After Paternity Is Established?

  • Custody and timesharing. A father can ask for custody and timesharing. Kentucky presumes joint custody and equally shared parenting time are in the child's best interests, and the court gives equal consideration to each parent (KRS 403.270).
  • Child support. Support is set under the Kentucky child support guidelines based on both parents' incomes (KRS 403.212).
  • A court order. Paternity alone does not create a schedule. Without a custody and timesharing order, there is no enforceable schedule.

Should I Hire a Private Attorney or Use the County Attorney?

The County Attorney's Child Support Division establishes paternity to set child support, and it represents the Commonwealth's interest, not either parent personally. A private attorney represents you directly and can ask for custody and timesharing in the same case.

How Wise & Associates Handles This

Frequently Asked Questions

Does a father have rights if the parents were never married?

Not enforceable custody or timesharing rights until paternity is established and a court enters a custody and timesharing order.

Does signing the acknowledgment of paternity make me the legal father?

Yes. Once the time to rescind it has passed, a signed voluntary acknowledgment of paternity has the effect of a legal finding of paternity in Kentucky.

When does the court order a DNA test?

In a paternity case, when paternity is denied, the court orders the parents and the child to submit to genetic testing.

Does establishing paternity give me custody?

No. Paternity lets a father ask the court for custody and timesharing. The court then enters an order based on the child’s best interests, starting from a presumption of joint custody and equal parenting time.

Will establishing paternity lead to child support?

It can. Once paternity is established, either parent can ask the court to set child support under the Kentucky guidelines.

How much does a paternity case cost at Wise & Associates?

At Wise & Associates, paternity and custody cases start with an upfront flat fee between $1,500 and $5,000. Contested hearings and trial are priced before each begins.

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Talk to a Louisville Paternity and Custody Lawyer

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Wise & Associates: 303 Middletown Park Pl, Suite G, Louisville, KY 40243 · (502) 618-0000 · Book a free phone consultation

Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.