Do Unmarried Parents Have Equal Rights in Kentucky?
In Kentucky, statistics indicate that approximately 42.5% of children are born to unmarried parents, which often makes child custody cases more complicated and stressful. However, it is important to understand that the Kentucky court system is primarily concerned with identifying arrangements that most effectively cater to the best interests of the child or children involved, particularly in matters relating to visitation and parenting time. To better understand what this can mean for your arrangement, in the guide below, we will review what rights unmarried parents have in Kentucky.
Unmarried Parents Rights
In Kentucky, the legal custody of a child born outside of marriage is automatically granted to the biological mother. While unmarried fathers do not initially have custody rights, they can pursue them through certain legal avenues. However, if a man is listed on the child’s birth certificate, the courts will assume that the person is the child’s biological father. In addition, if both parents sign a Voluntary Acknowledgment of Paternity (VAP), then paternity will also be established, and the father can ask for child support and request visitation and custody.
What Is the Best Interest of the Child?
When a court makes decisions regarding a child, such as custody and visitation, it gives primary consideration to the best interests of the child, prioritizing their well-being over the desires or needs of the parents. In the case of unmarried parents, once paternity is established, any disputes related to child custody or support are handled in a manner similar to situations involving married couples. This means that even if a mother is opposed to sharing parenting time with the child’s father, the court is likely to create a custody arrangement that promotes and maintains meaningful relationships with both parents, recognizing the importance of parental involvement in the child’s life.
Some factors that may go into determining what is in the best interest of the child include the following:
- The stability of the households
- Does the child have special needs
- The emotional, financial, physical, and mental health of the parents
- Whether there is alcohol abuse, neglect, and domestic violence
- Other factors such as religion, the community, and school
Custody Battle Between Unmarried Parents
Once paternity has been established, an unmarried father has the same parental rights as a married father. This includes the right to participate in decisions regarding the child’s welfare and upbringing. When both parents can agree on these decisions, they can avoid a contentious custody battle by creating their own custody arrangement. However, even in these situations, the court will still ensure that the arrangement is in the child’s best interests.
Due to the factors involved in this process, both parents may want to consider legal representation during custody cases, even when creating a custody agreement. This can help ensure their rights are protected, and the agreement aligns with the child’s best interests. Legal counsel can also help the parties understand the legal ramifications and consequences of the custody agreement, ensuring that all decisions are well-informed and fair.
Contact Hoffman Walker & Knauf for Further Information
In times of family crisis, attentive, understanding, and proactive legal representation is critical. At Hoffman Walker & Knauf, our team of family law attorneys brings a depth of life experiences to the table that allows us to not only offer strategic legal advice but also provide the necessary emotional support during these challenging times. Whether your situation calls for amicable resolution or litigation, we are here to guide you through every step of the process.
To learn more about the rights of unmarried parents in Kentucky, contact Hoffman Walker & Knauf today and speak with our team.
