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Rule 5 Paternity

Baldwin's Kentucky Revised Statutes Annotated24th Judicial Circuit - Johnson, Lawrence and Martin Family Court

Baldwin's Kentucky Revised Statutes Annotated
24th Judicial Circuit - Johnson, Lawrence and Martin Family Court
KY RJFC Rule 5
Rule 5 Paternity
501 Motion Practice
All matters relating to UIFSA Registration for Enforcement Only of a Foreign Support Order shall be heard on the 24th Circuit Family Court's Motion docket in the respective county. This includes, but is not limited to, contempt proceedings in such actions.
502 Pretrial Procedures
Nothing in this Rule shall prohibit the parties from entering into an Agreed Judgment of Paternity and Order of Support and filing same for approval by the Court off-docket, unless the Cabinet for Health and Family Services is a party and/or providing benefits, and if so, the Cabinet shall be notified prior to submitting the Order to the Court.
503 Guardians ad Litem appointed for actions filed pursuant to KRS 406
1. In order to be appointed as a Guardian ad Litem, any licensed attorney in good standing with the Kentucky Bar Association may be appointed if that attorney has completed AOC approved Guardian Ad Litem training. The appointment is to be made and compensation paid according to the Statute, Case Law, or Civil Rule authorizing the appointment.
2. Motions for compensation shall be accompanied by an Affidavit stating:
a. The statutory basis for the appointment;
b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and
c. That the action or proceeding has been concluded.
3. Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or adult prisoners shall notify the Respondent of his/her appointment as their Guardian ad Litem, and inform the Respondent of the nature of the proceeding and of the Respondent's right to have genetic testing conducted, if applicable.
4. Within sixty (60) days of the appointment, the Guardian ad Litem shall file an Answer on behalf of the Respondent or a Report stating that, after careful examination of the case, he/she is unable to present a defense on their behalf.
5. The failure of the Guardian ad Litem to file an Answer or Report within sixty (60) days of his/her appointment may result in sanctions being imposed against the attorney, including removal from the 24th Circuit Family Court Guardian Ad Litem appointment list.
504 Reopening Fee
Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions filed in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, child custody or visitation are brought by a private attorney or are filed by a pro se litigant rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
505 Permission to Review and Copy Paternity Case Files
A. Upon receipt by the respective 24th Circuit Court Clerk's offices of an attorney's statement seeking permission to review and copy a paternity case file OR upon receipt of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to their representation in that action only, the Clerk's office shall grant the attorney access to such a file.
B. Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a Statement that the Order of Judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client, including information relating to domestic violence or child abuse, as well as the addresses of the parties. Regardless of the subsequent representation or non-representation of the party, any information contained in such file is confidential and subject to the attorney-client privilege.
506 Access to Paternity Cases for Attorneys and Guardians ad Litem Representing Incarcerated Parents
The 24th Circuit Court Clerk's offices shall allow attorneys and Guardians ad Litem who are representing incarcerated parents in paternity cases to have access to the records of those actions.

Credits

HISTORY: Amended effective June 20, 2012. Prior amendments effective May 17, 2005.
Johnson, Lawrence and Martin Family Court Rule 5, KY R JOHNSON FAM CT Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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