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Rule 5 Paternity

Baldwin's Kentucky Revised Statutes Annotated14th Judicial Circuit - Bourbon, Scott and Woodford Family Court

Baldwin's Kentucky Revised Statutes Annotated
14th Judicial Circuit - Bourbon, Scott and Woodford Family Court
KY BCWF Rule 5
Rule 5 Paternity
501 Procedure
A. Establishment of Paternity/Child Support may be prosecuted by the County Attorney or the Cabinet for Health and Family Services (CHFS) upon request by a complainant pursuant to KRS 406.021.
B. The Court may order the mother, child and alleged father to submit to genetic testing as set forth in FCRPP 15.
C. Pursuant to KRS 610.160, upon recommendations of the Department of Juvenile Justice, CHFS, or upon its own motion, the Court may order any parent, guardian, or person exercising similar custodial control or supervision of a child referred to the Court to cooperate and actively participate in such treatment or social service programs which might reasonably be expected to meet the goal of enhancing the best interests of the child and family unity.
502 Motion Practice
A. Unless otherwise allowed by statute, rule or the Court, all motions and orders in paternity or child support proceedings shall comply with the FCRPP 9 and 14.
B. When the County Attorney is an intervening party, proof of income provided by the state data system or employer may be used in lieu of other proof of income. If there is an objection by any party and the objection is not specifically waived in writing, the objection shall be heard by the Court.
C. All matters relating to UIFSA Registration for Enforcement only of a foreign support order shall be filed in and heard on the Family Court's Paternity/Child Support docket. This includes, but is not limited to, contempt proceedings in such actions.
503 Pretrial Procedures
A. In all cases in which the respondent files an answer admitting to the Paternity/Child Support of the child, or signs an affidavit of Paternity/Child Support, or the genetic test report contains an inclusionary result, the case shall be scheduled by either party for an out-of-Court pretrial conference conducted by the County Attorneys Child Support Division.
B. The purpose of the out-of-Court pretrial conference is to explore the possibility of settlement, to simplify the issues and agree upon the issues of fact and law to be heard by the Court, and to explore possible stipulations of fact and documents that will avoid unnecessary proof.
C. No case shall be scheduled on the regular Family Court docket for trial, motion for judgment on the pleadings, motion for summary judgment, or motion for an original child support order without first scheduling a pretrial conference. This rule may be waived if the respondent is unable to be located or fails to appear at said pretrial conference.
D. Nothing in this Rule shall prohibit the parties from entering into an agreed order of Paternity/Child Support and filing the same for approval by the Court off-docket without conducting an out-of-court pretrial conference unless the Cabinet for Health and Family Services is a party and/or providing benefits and if so, CHFS shall be notified prior to submitting the order to the Court.
E. All agreed orders of Paternity/Child Support and subsequent agreed orders regarding Child Support shall include specific language that each party was informed of the right to be heard by the Family Court Judge if any party does not agree with the terms of the agreed order and that each party expressly waives that opportunity to be heard.
504 Child Custody and Visitation in a Paternity Action
A. Pursuant to KRS 406.051, unmarried fathers have a right to seek custody and visitation in cases in which Paternity has been established under the Kentucky Uniform Act on Paternity. In cases where Paternity is established, the Court may issue, upon proper motion, temporary orders on child custody, timeshare and visitation in the Paternity action. However, given the nature of and court time required by such proceedings, and as authorized by FCRPP 14(3), all matters for permanent orders of child custody, timeshare and visitation shall be filed in and heard exclusively on the Circuit Court Domestic Relations docket of Family Court, i.e., as a “CI” case.
B. In lieu of filing a new action, the parties may tender in Paternity actions an agreed order of permanent child custody, timeshare and visitation if said agreement sets forth the appropriate criteria required by KRS 403.270. Agreed orders to modify child custody, timeshare and visitation may be submitted in Paternity actions. However, any motions to modify shall be filed in a new custody proceeding and require a filing fee unless the motion is brought in forma pauperis.
505 Reopening Fee
A. Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions 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 custody and visitation are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
B. In forma pauperis motion forms shall be available upon request to the Circuit Clerk. The Family Court office will be responsible for providing the Circuit Clerk with sufficient copies.

Credits

HISTORY: Adopted effective April 29, 2012.
Bourbon, Scott and Woodford Family Court Rule 5, KY R BOURBON SCOTT 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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