Men who have taken an active part in their children’s upbringing often worry that divorce or separation from their co-parent will limit their role. That is not necessarily the case. Kentucky legislation puts the wellbeing of the children first when determining child custody and child support.
Work with a Fort Mitchell father’s rights lawyer when the custody of your children is at stake. A skilled family attorney from BFZ Law can help convince the court that you are a capable and loving parent who can provide a good home for your children.
Unmarried Fathers Must Establish Paternity to Gain Rights
A child born to unmarried parents has only one legal parent, the mother. The father must take additional steps to gain parental rights, including the right to custody. A Fort Mitchell father’s rights attorney can provide crucial guidance through this process.
The parents can sign a Declaration of Paternity when the child is born. The father’s name will appear on the child’s birth certificate, and the father will have the obligation to support the child and the right to seek custody.
When the parents do not sign the voluntary acknowledgment of paternity, the father must petition the court to declare his paternity. When both parents agree the man is the child’s biological father, the court will issue a certificate of paternity. If the mother does not acknowledge the man as the child’s father, a genetic test may be necessary.
Fathers must understand that establishing paternity gives them the right to ask for custody and parenting time—it does not guarantee they will get it. Courts make custody and parenting time decisions based on the children’s wellbeing, not the parent’s desires or preferences.
How Child Custody Is Determined
For decades—except for extenuating circumstances—the mother was granted custody of the children in a divorce settlement, with the father receiving limited visitation rights while paying child support. The focus has shifted to analyzing what best suits the child or children.
Kentucky Revised Statute § 403.270 honors the rights of both parents to actively parent their children. It states a legal presumption that it is in the children’s best interests for parents to share parenting time equally.
A parent who wants to deny their co-parent equal parenting time must present evidence showing that equal parenting time is not in the children’s best interests. A judge in Kentucky will review different factors to determine the best situation for the child, including:
- The physical and mental health of both parents
- Whether domestic violence has occurred in the marriage
- The child’s age and involvement in school and other interests
- The availability or preferred custody schedule of each parent
- The relationship between the child and their parents and siblings
With so many considerations weighing in on custody litigation, it makes sense for a father involved in a custody case to seek legal advice and representation from an experienced Fort Mitchell attorney.
A father’s schedule might not allow them to have the children stay with them half the time. Other arrangements are possible. When parents agree on a parenting schedule, they can submit the agreement to the judge for approval. Judges typically accept a plan the parents agree to unless it does not support the children’s best interests.
Child Support Legislation in the Commonwealth
Either parent may be responsible for paying child support. Both parents must contribute to the monetary support of the child, whether the receiving parent needs the money or not. A well-practiced father’s rights lawyer in Fort Mitchell can help fathers understand their obligations and rights under child support laws and ensure they are treated fairly.
Factors that determine child support include:
- The child’s unique needs
- The income of each parent
- Time spent with the child or children
- Which parent covers the health insurance premium for the child
- Whether one parent has primary custody or the parents split custody
Kentucky Revised Statutes § 403.211 provides a formula for calculating child support, considering all the variables.
In most cases, child support obligations end when the child turns 18. If a child becomes emancipated and supports themselves before their 18th birthday, child support may also cease. Support may continue beyond 18 if the child is disabled.
A judge may modify a child support order due to job loss or severe illness. An unanticipated change in a child’s needs could merit a child support modification. Remarriage by one of the parents does not affect the child support amount.
A Fort Mitchell Attorney Can Protect Your Rights as a Father
Under Kentucky law, fathers enjoy equal rights in divorce. Gender does not determine custody or child support.
If you are involved in custody litigation, a Fort Mitchell father’s rights lawyer at BFZ Law can help you. We encourage you to contact us for a free consultation to protect your interests and ensure the best outcome for you and your child(ren).
