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Rule V Paternity

Baldwin's Kentucky Revised Statutes Annotated13th Judicial Circuit - Garrard and Jessamine Family Court

Baldwin's Kentucky Revised Statutes Annotated
13th Judicial Circuit - Garrard and Jessamine Family Court
KY RGSF Rule V
Rule V Paternity
5.01--Paternity Generally
All matters seeking to determine the paternity of a child and all motions that follow from that determination including, but not limited to, the establishment and modification of child support, the calculation of arrearages, motions seeking to reimburse the Commonwealth, and contempt motions will be set on the Court's usual paternity docket.
5.02--Mediation Available
Upon determination of paternity, parties may agree to resolve issues of custody and visitation/timesharing with a mediator. Parties may set up a time to meet with a mediator on the Court's staff or they may agree to utilize a private mediator. Any agreements reached on those issues will be reviewed by the Court, and where appropriate, made an Order of the Court if the parties so desire.
5.03--Reopening Fee
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 motion is brought in forma pauperis.
5.04--Access to Paternity Files
Until such time as paternity cases are no longer deemed confidential proceedings under Kentucky law, the Clerk shall restrict access to paternity cases to the parties, the Commonwealth, and any attorney that a party has retained. Counsel for a party shall not be permitted access to a paternity file unless he or she files an Entry of Appearance on behalf of a named party to the proceeding. In the alternative, an attorney may access a paternity file by producing to the Clerk a notarized authorization signed by a party.
Additionally, an attorney appointed by the Court to serve as a Warning Order Attorney or as an attorney for an incarcerated or incompetent individual may have access to the file.
5.05--Custody and Timesharing
Parties may litigate custody and timesharing issues in paternity cases. Parties or their counsel shall notice the Commonwealth any time the case is docketed. Motions for custody or timesharing shall be filed to be heard on the Court's usual paternity docket. If contested, the Court may move the matter to the Court's Domestic Motion Hour.

Credits

HISTORY: Amended effective March 12, 2007; September 26, 2012.
Garrard and Jessamine Family Court Rule V, KY R GARRARD JESSAMINE FAM CT Rule V
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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