I LIVE IN KENTUCKY WITH MY CHILD. MY CHILD'S FATHER IS NOT MY HUSBAND. I WANT A DIVORCE AND THE BABY'S DADDY WANTS TO BE THE FATHER. MY HUSBAND IS NOT IN AGREEMENT.
Jan. 31, 2019
In Kentucky, paternity proceedings is governed by Kentucky Revised Statutes (KRS) Chapter 406 (A/K/A Uniform Act on Paternity) and gives the courts the right to decide questions raised in a lawsuit brought under theUniform Act on Paternity to establish support for "children born out of wedlock."
How do Kentucky courts interpret "born out of wedlock"?
A child born during lawful wedlock, or within ten (10) months thereafter, is presumed to be the child of the husband and wife and is subject to KRS Chapter 403.
A child born out of wedlock includes a child born to a married woman by a man other than her husband where evidence shows that the marital relationship between the husband and wife ceased ten (10) months prior to the birth of the child and is subject to KRS Chapter 406.
A child's legal father is the husband of the marriage into which the child was born unless a different paternity has been formally adjudicated.
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