Ky. Cir. Ct. Clerks' Manual PATERNITY PROCEEDINGS

68 PATERNITY PROCEEDINGS

KRS Chapter 406

District Court and Family Court Division of Circuit Court

Process Map

Paternity refers to the legal establishment of who is the father of a child. Paternity

may be determined upon the complaint of the mother, putative father, child,

person, or agency substantially contributing to the support of the child. The action

shall be brought by the county attorney or by the Cabinet for Health and Family

Services or its designee upon the request of authorized complainant.

 District court has jurisdiction of paternity proceedings and may order the

non-custodial parent of a child born out of wedlock to make support

payments. KRS 406.021; Sumner v. Roark, KY. App.836 S.W.2d 434 (1992).

 Paternity hearings are conducted in the juvenile session of district court or

family court division of circuit court.

 Venue is in the county where the alleged father is present or has property,

or in the county where the mother resides. KRS 406.151.

68.1 Inspection of Records

Paternity cases are confidential and not open for public inspection unless

he/she has a court order giving access to the file. KRS 406.035(2).

EXCEPTIONS: These individuals may inspect an order or judgment of

paternity:

• Employees of governmental agencies in the performance of their

duties;

• All law enforcement agencies including county attorneys,

commonwealth's attorneys, district and circuit judges;

• Anyone with a court order giving access to the order of paternity;

• Either party to a paternity action under KRS Chapter 406 or his/her

attorney of record. KRS 406.035(3).

PATERNITY PROCEEDINGS

68.2 Filing Fee

Upon receipt of the petition, collect filing fees as set forth in the Accounting Manual Quick Reference

and give a receipt. Do not apply the FILED stamp or process the petition until the Collect filing fees

filing fees are paid.

EXCEPTIONS:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to Proceed In

Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing fees unless

the action is filed in the name of the Commonwealth.

68.3 Petition

1. Refer to Case Add section of KyCourts Manual for instructions on Quick Reference

opening the case.

File, date, initial

2. Assign the next case number for Juvenile J cases. The case type for

paternity proceedings is PA.

Juvenile J cases

NOTE: Do not assign a trailer number and do not complete a party Case type PA

screen for a child.

3. DO NOT proceed with the following steps unless filing fees have been

paid, In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

4. Apply the FILED stamp to the petition, add the date and your initials.

68.4 Paternity Summons

Generate a summons for each person to be served by completing a summons Quick Reference

screen. The initiating party will decide whether the summons is to be served by

certified mail or personally delivered by the sheriff or other authorized person. CR Generate summons

4.01(1). See Service of Process.

A civil summons may be issued on holidays and served on Sundays and holidays.

KRS 454.125.

PATERNITY PROCEEDINGS

68.5 Motions/Pleadings

Quick Reference

When motions or other pleadings are received, apply the FILED stamp; add the

date and your initials and file by completing the appropriate screen, i.e., motion or File, date, initial

document. Calendar any hearing on a scheduled events screen. Calendar hearing

on scheduled

events screen

PATERNITY PROCEEDINGS

68.6 Paternity Judgment

1. Upon receipt of a signed order or judgment, apply the ENTERED stamp; Quick Reference

add the date and your initials. Enter on a document screen. Enter, date, initial

2. Give notice of entry by mailing a copy of the entered judgment to the

parties or their attorney. Complete the notice of entry method and date NOE

on the document screen.

3. When the order closes the case, complete the disposition date, Complete

disposition type and judge at disposition fields on the case screen. disposition date,

type, and judge on

case screen

68.7 Paternity Report

Complete Form VS-8D, Paternity Report and mail to the State Registrar of Form VS-8D

Vital Statistics. This report is due no later than the 15th day of the month State Registrar of

following the date of the order. KRS 213.071(2). A supply of this form may Vital Statistics

be ordered from Vital Statistics. 275 E Main Street

Frankfort, KY 40601

68.8 Paternity Re-openings

1. Pursuant to KRS 406.051(2) the District Court may exercise jurisdiction,

concurrent with that of the Circuit Court, to determine matters of child

custody and visitation in cases where paternity is established as set forth

in this chapter. A party may also file an action for custody, visitation, or

support in circuit court after the entry of a judgment of paternity in

district court.

2. The District Court may decline jurisdiction of child custody and visitation

if it finds the circumstances of any case require a level of proceedings

more appropriate to the Circuit Court. KRS 406.051(2).