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Legal Information: Kentucky

Statutes: Kentucky

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Updated: 
July 14, 2020

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

(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.