Kentucky Statutes 405.028 – Custody, visitation, and inheritance rights denied parent convicted of a felony sexual offense from which victim delivered a child — Waiver — Child support obligation
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(1) Except as provided in subsection (2) of this section, any person who has been convicted of a felony offense under KRS Chapter 510, or a comparable offense from another jurisdiction, in which the victim of that offense has conceived and delivered a child, shall not have custody or visitation rights, or the right of inheritance under KRS Chapter 391 with respect to that child.
(2) The adult mother of the child may waive the protection afforded under subsection (1) of this section regarding visitation and request that the court grant reasonable visitation rights with the child if paternity has been acknowledged.
(3) Unless waived by the mother, or a guardian of a minor mother or a de facto custodian of the child in the case of a minor mother, and, if applicable, the public agency substantially contributing to the support of the child, a court shall establish a child support obligation against the father of the child pursuant to KRS § 403.211. As used in this subsection, “de facto custodian” has the same meaning as in KRS
403.270.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 30, sec. 2, effective July 15, 2020. — Created
2014 Ky. Acts ch. 130, sec. 2, effective July 15, 2014.
(2) The adult mother of the child may waive the protection afforded under subsection (1) of this section regarding visitation and request that the court grant reasonable visitation rights with the child if paternity has been acknowledged.
Terms Used In Kentucky Statutes 405.028
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(3) Unless waived by the mother, or a guardian of a minor mother or a de facto custodian of the child in the case of a minor mother, and, if applicable, the public agency substantially contributing to the support of the child, a court shall establish a child support obligation against the father of the child pursuant to KRS § 403.211. As used in this subsection, “de facto custodian” has the same meaning as in KRS
403.270.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 30, sec. 2, effective July 15, 2020. — Created
2014 Ky. Acts ch. 130, sec. 2, effective July 15, 2014.