Madison, TN asked in Child Custody, Child Support and Family Law for Kentucky

Q: Hello just seeking advice and have a few questions regarding child custody and father rights.

My child is 4 months old and her father and I are not together. He’s not on the birth certificate either and has only seen her one time for one hour when she was three days old. We had previously arranged a schedule for him to visit when she was first born and he agreed to it. My only request was that we wait til she’s older for over the night visits with him. He also doesn’t have a room for her at his home and has two boys of his own in the home along with two

More boys that stay there with his girlfriend. When the first day to visit came along he never showed up or called and said he was cancelling. Have not heard from him since. That was end of August. Last week I received a call from the child support office requesting a paternity test for dec 12th. I assume he’s preparing to take me to court for custody. I was just wondering what rights he will have when the test comes back his, will he have to start paying me child support, and if he will be allowed to have her over night?

1 Lawyer Answer

Timothy Denison

Answered
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: If he is the father, he will have the same rights as you. You two would share jointcustody. Unless he takes you to court however, to establish a visitation schedule, you don’t have to let him have her at all. He will have to pay child support and the court will decide if and when he gets overnights after taking his living arrangements any other concerns you have into consideration.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.