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Rule 5 Paternity

Baldwin's Kentucky Revised Statutes Annotated12th Judicial Circuit - Henry, Oldham and Trimble Family Court

Baldwin's Kentucky Revised Statutes Annotated
12th Judicial Circuit - Henry, Oldham and Trimble Family Court
KY HOTF Rule 5
Rule 5 Paternity
501 Motion Practice
A. Motions for wage assignments pursuant to KRS 403.215 and KRS 405.465, appointments of Guardian ad Litem, for Guardian ad Litem fees, and to compel discovery shall not be placed on the regular docket but shall stand submitted to the Court unless a written objection and request for hearing is filed within five days of the date contained in the Certificate of Service.
B. 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.
C. Motions to modify, suspend, or terminate child support and to determine arrearages accrued on child support orders shall be scheduled by motion filed on the appropriate motion hour docket.
D. 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 docket. This includes, but is not limited to, contempt proceedings in such actions.
502 Pretrial Procedures
Pretrial Conference
A. In all cases in which the respondent files an answer or signs an affidavit admitting to the paternity of the child, an out-of-court pretrial conference is conducted to simplify the issues to be heard by the Court, and to explore possible stipulations of fact and documents that will avoid unnecessary proof or delay.
B. No case shall be scheduled for a hearing on the regular 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.
C. Nothing in this Rule shall prohibit the parties from entering into an agreed judgment of paternity and order of support and filing the same for approval by the Court off-docket unless the Cabinet for Health and Family Services is a party and/or providing benefits. If so, the Cabinet shall be notified prior to submitting the order of the Court
503 Guardian ad Litem/Military Attorney Appointed for Actions Filed Pursuant to KRS 406
A. In the interest of efficient court management, the Court maintains a standing list of approved GAL/parent attorneys for each county. Upon the withdrawal or removal of an attorney from said list, notice to apply for consideration will be sent to local bar members and other attorneys who regularly practice in the district. GAL/parent attorneys must be in good standing with the Kentucky Bar Association, regularly practice in the District, and have completed the AOC's GAL training. The appointment is made and compensation paid according to the statute, case law, or civil rule authorizing the appointment.
B. Motions for compensation shall be accompanied by an affidavit indicating:
1. The statutory basis for appointment;
2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and
3. That the action or proceedings have been concluded.
C. Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or adult prisoners shall notify the respondent of his/her appointment of a Guardian ad Litem, inform the respondent of the nature of the proceeding and of the defendant's right to have genetic testing conducted. Within sixty days of the appoint, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating whether or not, after careful examination of the case, he/she is able to present a defense.
D. The Court maintains separate list of warning order/military attorneys, who must be current bar members in good standing. Attorneys may request inclusion on said list by contacting Claudia Brewer, Legal Assistant at (502) 222-2112.
504 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 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 Court approves a motion brought in forma pauperis.
505 Permission to Review and Copy Paternity Case Files
Upon receipt by the 12th Judicial Family Court of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the 12th Judicial Family Court 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.
506 Access to PAternity Cases for Attorneys and Guardians ad Litem Representing Incarcerated Parents
The 12th Judicial Family Court Clerk's Office 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 May 5, 2012. Prior amendments effective November 19, 2008.
Henry, Oldham and Trimble Family Court Rule 5, KY R HENRY 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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