Antlers, OK asked in Child Custody for Kentucky

Q: father signed paternity affidavit when kids were born but has not supported them at all;now refusing to give them back

we were not married at the time my oldest son was born, I was actually still legally married to someone else. He said the paternity affidavit for both kids. Has been a part time parent since they were born,in and out of the picture. I have never taken him to court so there is no custody or visitation order. When I moved out of state, I allowed the kids to stay with his mother until i got stable,2 months tops. His mother is in the hospital so he has the boys and is refusing to give them back to me. What are my legal rights? Can he legally keep my kids from me?

Related Topics:
1 Lawyer Answer

Timothy Denison

  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: If he has not been adjudicated legall y the father, he does not have any right to them. The paternity affidavit does not entitle him to custody. Go to school, get the kids and do not let him have them again.

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.