View Full Version : Parental Rights/Abandonment Laws
Etherean
Mar 31, 2009, 02:09 PM
My best friend is 8 months pregnant and at first the father told her that he wanted to stay with her and continued to tell her that he loved her and a few months later he stopped staying in contact with her and she has no way of getting in contact with him. She found out a couple months ago when she was visiting his sister that he never really wanted to be with her and that he was just trying to stick it out for the kid. Although he says he wants to take care of it "if it's his" my friend hasn't heard anything from him about it since and she's afraid he might try to get custody of the child since she's staying with friends at the moment and she doesn't have a job. The guy has another kid who I think is a teenager now but he hasn't had anything to do with the kid for years. I was wondering what the law in Kentucky says about parental rights and abandonment. If he doesn't even try to see if it's his or take care of it does he have rights to see the child and will my friend be able to get child support from him? Also, the guy doesn't really have a job. Last I knew he played drums in a band on occasional weekends at a bar but that's his only source of income.
missyds8
Apr 1, 2009, 02:16 PM
Well first of all, has she had the baby yet? Did she put his name on the birth papers ? If I were her I would put unknown father, then he would have to file with the courts for a paturnatiy test, and if he does that then that might mean he actually cares about the kid and wants to try be a daddy. But make him fight, don't just give in.
stevetcg
Apr 2, 2009, 03:53 AM
She is entitled to support. After the birth, she can go to court and file for paternity. The father will have to take a DNA test. After that, she is free to request support. He is free to request visitation.
Assuming she is not selling crack to kids (unfit parent) the chances of him getting custody of the baby over her is VERY small. If she is breast feeding, he may not even be awarded overnight visits for the first year.
ScottGem
Apr 2, 2009, 05:58 AM
If she wants support then she needs to list him on the because as the father.
There is no issue of abandonment here. Abandonment may be used as grounds for something else, but, since the child isn't even born yet, it doesn't apply.
As soon as the child is born, then she files for support. Most likely a paternity test will be performed and once paternity is established he will be the legal father with all rights and responsibilities.