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  1. #1

    Default After 17 Years Comes Forward Claiming Fiance' is Father

    My question involves paternity law for the State of: Kentucky
    When my fiance' was 17, he got a girl pregnant. She had the baby. He quit school, worked 2 jobs, and supported this baby for 1 year. Shortly after the child turned 1, the mother told him that he was not the father. He demanded a paternity test then but the mother and grandmother both refused and told him it wasn't necessary because he wasn't the father. A few years later, said mother gives child up to grandmother. A few months ago, grandmother dies from cancer. On Father's Day, my fiance' got a text from child saying happy father's day, not that it matters. He text back to find out who it was child from 17 years ago claiming he IS her father. We want to get a paternity test done and the child agree's, however, we are concerned about the mother trying to get him for back child support ect. He is not on the birth certificate and did try to get a test when child was one year old. They have in NO WAY shape or form tried to contact him until this past father's day. HELP!

  2. #2
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    Default Re: After 17 Years Comes Forward Claiming Fiance' is Father

    Quote Quoting KRS 406.031 Limitation of action.
    (1) The determination of paternity under the provisions of KRS 406.021(1) shall be commenced within eighteen (18) years after the birth, miscarriage or stillbirth of a child. However, in such cases, liability for child support shall not predate the initiation of action taken to determine paternity as set forth in KRS 406.021 if the action is taken four (4) years or more from the date of birth.

    (2) Any person for whom paternity has not yet been established and who had not reached eighteen (18) years of age as of August 16, 1984, including those persons for whom a paternity action was brought but dismissed because a statute of limitations of less than eighteen (18) years was then in effect, may bring an action to establish paternity.
    Given the facts you describe, she could request child support from the date of his petition forward, but the statute indicates that she is not eligible for retroactive support.

  3. #3

    Default Re: After 17 Years Comes Forward Claiming Fiance' is Father

    Quote Quoting Mr. Knowitall
    View Post
    Given the facts you describe, she could request child support from the date of his petition forward, but the statute indicates that she is not eligible for retroactive support.
    Thank you soooo much.. This helped a lot!!

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