Title XXXV, Domestic Relations
8 chapters · 325 sections in this title.
KRS § 406.005 Definitions for KRS 406.011 to 406.180
1.0K chars
As used in KRS 406.011 to 406.180: (1) "Genetic markers" means separate identifiable genes or complexes of genes generally isolated as a result of blood typing, at least seven (7) of which are normally tested in a paternity proceeding. (2) "Genetic tests" means blood or tissue ty…
KRS § 406.011 Obligations of father -- Presumption of paternity
0.7K chars
The father of a child which is or may be born out of wedlock is liable to the same extent as the father of a child born in wedlock, whether or not the child is born alive, for the reasonable expense of the mother's pregnancy and confinement and for the education, necessary suppor…
KRS § 406.021 Determination of paternity -- Liability of noncustodial parent
2.0K chars
(1) Paternity may be determined upon the complaint of the mother, putative father, child, person, or agency substantially contributing to the support of the child. The action shall be brought by the county attorney or by the Office of the Attorney General or its designee upon the…
KRS § 406.025 Rebuttable presumption of voluntary acknowledgment-of-paternity affidavit -- Temporary support order if paternity is indicated -- Continuation of child support until final determination of paternity
2.8K chars
affidavit -- Temporary support order if paternity is indicated -- Continuation of child support until final determination of paternity. (1) Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity affidavit by the mother and alleged father, obtained through t…
KRS § 406.031 Limitation of action
0.7K chars
(1) The determination of paternity under the provisions of KRS 406.021(1) shall be commenced within eighteen (18) years after the birth, miscarriage or stillbirth of a child. However, in such cases, liability for child support shall not predate the initiation of action taken to d…
KRS § 406.035 Written order of paternity -- Limit on public inspection -- Persons who may inspect
1.1K chars
may inspect. (1) If paternity has been determined under the provisions of KRS 406.021(1) or (2), the court shall make a written order of paternity. (2) Information concerning this action received or transmitted shall not be published or be open for public inspection, including wh…
KRS § 406.041 Effect of death of father on liabilities
0.3K chars
The obligation of the estate of the father for liabilities under this chapter shall not be terminated by the death of the father obligated to support the child. If a father obligated to support the child dies, the amount of support may be modified, revoked, or commuted to a lump-…
KRS § 406.051 Remedies -- District Court's concurrent jurisdiction for child custody and visitation in paternity cases
1.2K chars
visitation in paternity cases. (1) The District Court has jurisdiction of an action brought under this chapter and all remedies for the enforcement of judgments for expenses of pregnancy and confinement for a wife or for education, necessary support, or funeral expenses for child…
KRS § 406.061 Jury trial in paternity action
0.2K chars
To the extent necessary to conform to federal law, 42 U.S.C. sec. 666(a)(5)(l), except to the extent that it is required under Section 7 of the Constitution of Kentucky, no party shall be entitled to a trial by a jury in a paternity action.
KRS § 406.071 Time of trial
0.3K chars
If the issue of paternity is raised in an action commenced during the pregnancy of the mother, the trial shall not, without the consent of the alleged father, be held until after the birth or miscarriage but during such delay testimony may be perpetuated in accordance with the Ru…
KRS § 406.081 Authority for genetic tests -- Failure of alleged father to submit to tests
0.6K chars
The court, upon request of a party or on its own motion, shall order the mother, child, and alleged father to submit to genetic tests. If the mother refuses for herself or on behalf of the child to submit to the tests, the court may resolve the question of paternity against her u…
KRS § 406.091 Ratification of unchallenged acknowledgment of paternity -- Genetic tests to include tests for inherited characteristics -- Appointment of examiner of genetic markers -- Genetic testing in contested paternity case -- Admissibility of test results -- Additional tests -- Costs
2.5K chars
to include tests for inherited characteristics -- Appointment of examiner of genetic markers -- Genetic testing in contested paternity case -- Admissibility of test results -- Additional tests -- Costs. (1) An unchallenged acknowledgment of paternity shall be ratified under KRS C…
KRS § 406.101 Compensation of expert witnesses
0.4K chars
The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions and at such times as it shall prescribe. The fee of an expert wi…
KRS § 406.111 Effect of test results -- Rebuttable presumption
0.9K chars
If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If the court finds that the statistical probability …
KRS § 406.115 Costs of action and attorney's fees
0.7K chars
The court from time to time, after considering the financial resources of both parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for attorney's fees for private counsel, includin…
KRS § 406.121 Judgment, how enforced
0.6K chars
Judgments under this chapter may be for periodic payments which may vary in amount. The court may order payments to be made to the mother or to some person, corporation, or agency designated to administer them under the supervision of the court. Willful failure of the alleged fat…
KRS § 406.131 Bond to secure payment of judgment
0.5K chars
The court at any time may require the alleged father to give bond or other security for the payment of the judgment. If the court requires that bond be given and if the alleged father is unwilling or unable to procure same, the alleged father may be confined to the county jail un…
KRS § 406.141 Settlement agreements
0.1K chars
An agreement of settlement with the alleged father is binding only when approved by the court.
KRS § 406.151 Venue
0.2K chars
An action under this chapter may be brought in the county where the alleged father is present or has property or in the county where the mother resides.
KRS § 406.161 Uniformity of interpretation
0.1K chars
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
KRS § 406.170 Short title
0.1K chars
This chapter may be cited as the Uniform Act on Paternity.
KRS § 406.180 Applicability
0.4K chars
This chapter applies to all cases of birth out of wedlock: (1) Where birth occurs within this state; (2) When birth occurs out of this state at the time the mother is a resident of this state after June 18, 1964; or (3) When birth occurs out of this state and at some time followi…