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Rule 5 Paternity

Baldwin's Kentucky Revised Statutes Annotated35th Judicial Circuit - Pike Family Court

Baldwin's Kentucky Revised Statutes Annotated
35th Judicial Circuit - Pike Family Court
KY RPFC Rule 5
Rule 5 Paternity
501 Motion Practice
Motions for default judgments for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, shall not be noticed for a hearing before the Court but shall be filed with the Court and stand submitted upon filing. If the court determines a hearing is necessary under CR 55.01, a hearing date will be assigned.
502 Guardian Ad Litem/Military Attorney appointed for actions filed pursuant to KRS 406
1. In order to be appointed as Guardian Ad Litem, any licensed attorney in good standing with the Kentucky Bar Association may apply. 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 indicating:
a. The statutory basis for 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 proceedings have 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 a Guardian Ad Litem, inform the respondent of the nature of the proceeding and of the respondent's right to have genetic testing conducted.
503 Redocketing Fee
A. Pursuant to FCRPP 14(1), a $50.00 redocketing 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 child support, custody or 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 bought in forma pauperis.
504 Permission to Review and Copy Paternity Case Files
Upon receipt of the Pike Circuit Court Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Pike Circuit Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.
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.
505 Access to Paternity Cases for Attorneys and Guardians Ad Litem Representing Incarcerated Parents
The Pike Circuit Court Clerk's Office shall allow attorneys and Guardians Ad Litems who are representing incarcerated parents in paternity cases to have access to the records of those actions.

Credits

HISTORY: Adopted effective August 30, 2013.
Pike Family Court Rule 5, KY R PIKE 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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