Disputing Paternity After Executing an Acknowledgement of Paternity
My question involves paternity law for the State of: Kentucky
This is for my fiance, who just got back from court.
She got pregnant from someone in Illinois, who has stated they do not want anything to do with the child, but started dating someone in Kentucky a couple months after conception. This person did not even know her before she was pregnant. When she had the child she was given the impression by the hospital that she must put a father on the birth certificate, that it can't be left blank, thus she put him (Bob) on it. She also, apparently, signed an acknowledgement of paternity form the day after giving birth, but does not remember doing so.
She received a summons in the mail about a court date, which was earlier, that Bob was seeking to receive visitation because he hadn't "seen his son in 8 weeks." Knowing that he wasn't the father she didn't really look into it too much, except looking about the law in Kentucky regarding non-biological fathers on birth certificates. When she arrived there she was taken into a different room with Bob and the woman who you speak with before going in front of the judge (sorry, not sure what it is called) who told her they'd need to establish paternity with a DNA test to start.
When she went in front of the judge, the judge stated that she had signed a "Acknowledgement of Paternity" at the hospital and that Bob was granted visitation for 6 hours twice a week, starting Monday. She brought up her point that he is not the biological father, but was told by the judge that she would have to get the biological father to come take a DNA test, if he didn't then Bob would still be considered the father.
She is very worried that Bob will leave with her son during his 6 hour, unsupervised, visitation. I couldn't believe the results when she got home, crying. He isn't the biological father, he hasn't seen the child since he was 9 months old (he is almost 2 years old now). Is there anything that can be done to prevent visitation before Monday? What steps should be taken? So far she has filed for child support hoping that they will tell him he has to back pay for the past 2 years before he can see the child again, but that will take weeks.
Re: Signed Acknowledgement of Paternity
Your girlfriend created a huge mess for herself.
KY is one of the few states that *may* allow a child support order to be made retroactive to birth if the petition is filed before the child turns four. BUT, support & visitation are two separate issues. He will not be made to pay support as a prerequisite to see the child. Visitation is not a pay to play situation.
Also, if she received any form of public assistance, the agency will receive the support until they've been compensated.
He could even file for custody if he wants to. She made him the legal father and this is what she's stuck with.
A consultation with a local attorney would probably be beneficial but it sounds as if the judge is pretty unsympathetic to her situation. Courts tend to get pissed when someone commits an act of fraud, which is what she did by knowingly listing this man as the father when she knew he wasn't.
Re: Signed Acknowledgement of Paternity
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Quoting
EA1070a
Your girlfriend created a huge mess for herself.
KY is one of the few states that *may* allow a child support order to be made retroactive to birth if the petition is filed before the child turns four. BUT, support & visitation are two separate issues. He will not be made to pay support as a prerequisite to see the child. Visitation is not a pay to play situation.
Also, if she received any form of public assistance, the agency will receive the support until they've been compensated.
He could even file for custody if he wants to. She made him the legal father and this is what she's stuck with.
A consultation with a local attorney would probably be beneficial but it sounds as if the judge is pretty unsympathetic to her situation. Courts tend to get pissed when someone commits an act of fraud, which is what she did by knowingly listing this man as the father when she knew he wasn't.
She is meeting with one tomorrow. Do you know of any way to have the AOP reversed/overturned/voided or if it is possible with a DNA test or something else?
Re: Signed Acknowledgement of Paternity
Since she has an appointment set up I'll defer, but you can read all about the Acknowledgement of Paternity process in Kentucky here.
Re: Signed Acknowledgement of Paternity
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Quoting
astro61200
My question involves paternity law for the State of: Kentucky
This is for my fiance, who just got back from court.
She got pregnant from someone in Illinois, who has stated they do not want anything to do with the child, but started dating someone in Kentucky a couple months after conception. This person did not even know her before she was pregnant. When she had the child she was given the impression by the hospital that she must put a father on the birth certificate, that it can't be left blank, thus she put him (Bob) on it. She also, apparently, signed an acknowledgement of paternity form the day after giving birth, but does not remember doing so.
In other words, she was fully complicit in allowing Bob to sign the AOP and having him accept that he's the legal father.
Quote:
She received a summons in the mail about a court date, which was earlier, that Bob was seeking to receive visitation because he hadn't "seen his son in 8 weeks." Knowing that he wasn't the father she didn't really look into it too much, except looking about the law in Kentucky regarding non-biological fathers on birth certificates. When she arrived there she was taken into a different room with Bob and the woman who you speak with before going in front of the judge (sorry, not sure what it is called) who told her they'd need to establish paternity with a DNA test to start.
If she wants rid of Bob, she'll have to persuade Biological Father to open up a new paternity action.
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When she went in front of the judge, the judge stated that she had signed a "Acknowledgement of Paternity" at the hospital and that Bob was granted visitation for 6 hours twice a week, starting Monday. She brought up her point that he is not the biological father, but was told by the judge that she would have to get the biological father to come take a DNA test, if he didn't then Bob would still be considered the father.
Sounds right.
Quote:
She is very worried that Bob will leave with her son during his 6 hour, unsupervised, visitation. I couldn't believe the results when she got home, crying. He isn't the biological father, he hasn't seen the child since he was 9 months old (he is almost 2 years old now). Is there anything that can be done to prevent visitation before Monday? What steps should be taken? So far she has filed for child support hoping that they will tell him he has to back pay for the past 2 years before he can see the child again, but that will take weeks.
That's not going to happen - period.
She best have the child ready for Bob's visit.
Re: Signed Acknowledgement of Paternity
Doggie doesn't mince words! LOL
Re: Signed Acknowledgement of Paternity
Quote:
Quoting
EA1070a
Doggie doesn't mince words! LOL
She's got a pretty hefty bark, don't she:p
Re: Signed Acknowledgement of Paternity
Who, me?
I'm just a widdle teensy weensy pussy cat!
Honest!
Ask anyone!
(Why am I hearing crickets chirping?! :p )
Re: Signed Acknowledgement of Paternity
Quote:
Quoting
Dogmatique
Who, me?
I'm just a widdle teensy weensy pussy cat!
Honest!
Ask anyone!
(Why am I hearing crickets chirping?! :p )
Hahaha.
Chirp. Chirp.
Re: Disputing Paternity After Executing an Acknowledgement of Paternity
New dad, if he materializes, should file for full custody while she is in jail for fraud.