Winchester, KY asked in Child Custody, Child Support and Family Law for Kentucky

Q: Is an unmarried woman that has a child automatically the legal sole/physical custodial parent of said child?

My ex boyfriend (we were never married) has taken our child and won't let her come home. There is no custody order in place. Paternity was presumed in child support court. Is he allowed to do what he's doing? I thought if parents are unmarried, even if paternity is established, that custody automatically goes to the mother. Am I wrong, or can I get my daughter back before going to court for an official custody order?

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: No. If paternity has been established, you both have joint (not sole) custody by operation of law. You will need to file a motion in the paternity case or a new custody scion to establish a parenting schedule

1 user found this answer helpful

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