Rule 5 Paternity
Baldwin's Kentucky Revised Statutes Annotated14th Judicial Circuit - Bourbon, Scott and Woodford Family Court
KY BCWF Rule 5
Rule 5 Paternity
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.
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.
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.
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.
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.
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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