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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34516
Experience:  16 yrs. of experience including family law.
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Father would like to have legal rights to his child. The

Customer Question

Father would like to have legal rights to his child. The mother of the child is married to another man, and was married at the time of conception (her husband is on birth certificate). The mother will not allow the father to spend time with the child as she does not want her husband to find out. The biological father has completed a paternity test himself and he is the father. A paternity test has not yet been done through the court.
What are the necessary steps in Calloway County, KY for the father to obtain joint custody or visitation, and an estimated time frame for this to be settled in court? Could she legally prevent him from seeing his child?
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
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Expert:  P. Simmons replied 9 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 9 months ago.

The biological father will need to hire an attorney and file a "paternity action" in the county court where the child resides.

The court has the power to issue a custody order to grant this biological father time with the child. And they may do so, if the father can prove

1. He is the biological father


2. Visitation with him would be in the best interest of the child.

Timeframe? Really depends on how the mom and dad (the legal dad) respond. IF they agree? Then it is easy. IF they contest this, the fight could be protracted (could last many months).

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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