Fill and Sign the Paternity Case Package Establishment of Paternity Kentucky Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF KENTUCKY PATERNITY PACKAGE Control Number KY–598P This packet contains the following: 1. Information about Paternity 2. Form List 3. Form Explanations 4. Instructions and Steps 5. Access to Law Summary I. EXPLANATION OF AN ACTION TO ESTABLISH PARENTAGE A. In Kentucky, an action to determine Paternity begins with the filing o a Complaint in the iistrict Court. hhe Complaint must contain certain in ormation. hhe orms in this packet include the necessary in ormation or an action to determine Paternity in the State o Kentucky. B. You can use this packet i : ► You are an appropriate party to file the action as defined in the Law Summary; ► hhe action is filed prior to the child’s 18 th birthday; ► I the child or any o the children were conceived in Kentucky; the child resides in Kentucky at the time the action is filed, or i the alleged ather resides in Kentucky; and ► hhe action is brought in the county in which the child resides, the mother resides, or the alleged ather resides or is ound or, i the ather is deceased, in which proceedings or probate o his estate have been or could be commenced. II. WHAT FORMS ARE REQUIRED 1. Complaint or Paternity 2. Summons 3. Motion to Approve Compromise Agreement 4. Compromise Agreement 5. Order Approving Compromise Agreement 6. Motion or Genetic hesting 7. Affidavit in Support o Motion or Genetic hesting 8. Order or Genetic hesting 9. Agreement or Genetic hesting 10. Order or Genetic hesting by Agreement 11. Judgment o Paternity Note: hhis package contains orms or use throughout your State. However, some Counties, or Judges may require a diferent orm, or modification to these orms. I this happens, please consult with your local Court Clerk. I you are required to use additional orms, please advise us by sending an e- mail to orders@uslegal orms.com. III. FORM EXPLANATIONS 1. Complaint for Paternity - hhe Complaint or Paternity is the document which contains the basics o your claim o paternity. 2. Summons (Form No. 105) – hhis document is used to in orm the ie endant that a suit has been filed against him or her and orders the ie endant to appear be ore the court and file any pleadings necessary within 20 days a ter service o the summons. hhis orm must be obtained rom the Clerk o Court or it can be downloaded in PiF ormat at: http://www.kycourts.net/ orms/Forms_hable_Categorized.htm 3. Motion to Approve Compromise Agreement – hhis orm presents the Compromise Agreement to the Court and requests the Court’s approval. 4. Compromise Agreement – hhis is an agreement between the parties agreeing to Paternity and dealing with issues o support, visitation, etc. 5. Order Approving Compromise Agreement – hhis is the Order o the Court Approving the terms o the Compromise Agreement. hhe terms o the Agreement may or may not be accepted in ull by the Court. hhese issues will be dealt with by the Court prior to approval by the Court. 6. Motion for Genetic Testing – hhis is a request to the Court that the parties be Ordered to appear and submit to genetic testing. 7. Affidavit in Support of Genetic Testing - hhis provides the Court with the in ormation necessary to support the Motion or Genetic hesting. 8. Order for Genetic Testing – Orders the parties to appear at a stated laboratory on a date and time certain to submit to genetic marker testing. 9. Agreement for Genetic Testing – I the ie endant will agree to the genetic testing complete this orm. 10. Order for Genetic Testing by Agreement – Orders the parties to appear at a stated laboratory on a date and time certain to submit to genetic marker testing based on their agreement. 11. Judgment of Paternity – hhis document grants the relie requested and establishes paternity and any other relie requested. IV. PROCEDURE FOR PATERNITY CASE IN THE STATE OF KENTUCKY A. Preliminary Note: 1. hhe attached orms may be completed by: a. Printing the orms and completing by hand. Use black ink and print neatly. b. Printing the orms and completing using a typewriter. c. By completing the orms on your computer using a word processing program and then printing the orms. 2. Use complete names and not initials. Check your spelling care ully, a misspelled word can delay your name change. 3. Print three (3) complete sets o orms. 4. All orms with a heading – the name o the court, the Plaintif’s name, the case number, and the name o the document – require that the heading be completed. You will need to add the name o the court and the ull name o the Plaintif. hhe “Case No.” will be assigned by the court clerk at the time o filing. 5. Forms that require your signature and include a notary block MUSh be signed in the presence o the notary or court clerk who will complete the acknowledgement. Use your complete name – first name, middle name, last name. 6. When a orm is filed with the court, request the clerk “file- stamp” one copy o the orm or your file. 7. A Law Summary is available and can be printed or your State. ho do so, go to where you located this package and select the Law Summary link under the orm title and print. Review the Law Summary be ore beginning the process o completing the orms. B. Procedure Step 1: Complete all the orms using complete names – middle names instead o middle initials. Step 2: File the Complaint in the iistrict Court iivision in the county in which the child resides, the mother resides, or the alleged ather resides or is ound or, i the ather is deceased, in which proceedings or probate o his estate have been or could be commenced. Step 3: hhe Clerk o the Court will issue the Summons to be served on the ie endant. Step 4: You must arrange or personal service o the Summons and Complaint. Service is generally done the sherif or the sheriffs deputy, by some other person specially appointed by the court or that purpose, or by any person who is not a party and is not less than 18 years o age. Step 5: At this point it is necessary to make a determination whether the ie endant will agree to an admission o paternity. I not, it will be necessary to have court ordered blood tests in order to scientifically determine parentage o the minor child(ren). Step 7: I the ie endant will admit paternity, complete the Compromise Agreement. hhe Agreement can then be submitted to the Court or approval. hhe parties should be prepared to present to the Court financial in ormation regarding their income, debts and assets so that the Court will have the in ormation necessary to determine whether the Agreement is reasonable. Step 8: I a compromise can’t be reached it will be necessary to obtain an Order or Genetic hesting. hhe court may, and, upon request o a party, generally will, require the child and the alleged parent to submit to genetic tests, including blood tests. I the requesting party is the mother or the alleged ather, the requesting party shall submit a sworn statement either setting orth acts establishing a reasonable possibility o the requisite sexual contact between the parties or denying paternity setting orth acts establishing a reasonable possibility o the non-existence o sexual contact between the parties. I the ie endant will agree to the testing, prepare the Agreement or Genetic hesting and the Order or Genetic hesting by Agreement. I the ie endant will not agree to the testing, prepare the Motion or Genetic hesting, Order or Genetic hesting, and Affidavit in Support o Motion or Genetic hesting or filing with the Court. hhe results o the genetic testing will be urnished directly to the Court. At that time, the parties will be in ormed by the Court o the results. hhis will generally deal with all the outstanding issues as to paternity and the matter will be settled by the Court either dismissing the case or, i the testing confirms paternity in the ie endant, entering an Order establishing paternity and providing or support to the child(ren). NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances the form field and the line will disappear after information is entered. In other cases it will not. This is appropriate and the way the form is designed to function. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Kentucky. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE FORMS WERE PREPARED FOR STATEWIDE USE. HOWEVER, SOME COUNTIES OR JUDGES MAY REQUIRE CERTAIN MODIFICATIONS TO THE FORMS FOR USE IN YOUR PARTICULAR COUNTY AND MAY REQUIRE SPECIAL FORMS NOT INCLUDED. HANGES REQUIRED BY PARTICULAR JUDGES ARE NOT UNCOMMON EVEN IF THE FORMS HAD BEEN PREPARED BY YOUR ATTORNEY. REGARDLESS, YOU SHOULD BE ABLE TO USE THESE FORMS AND INSTRUCTIONS, WITH ANY REQUIRED MODIFICATIONS, TO MAKE IT THROUGH THE PROCESS. IF YOU NEED TO MAKE CHANGES, OR IF SPECIAL FORMS ARE REQUIRED IN YOUR COUNTY, YOU CAN MAKE THE CHANGES AND REFILE, OR OBTAIN THE SPECIAL FORMS EITHER FROM THE CLERK. Commonwealth of Kentucky Court of Justice Complaint - Paternity Case No. ____________ Court Circuit District County __________________ COMES NOW Plaintiff, ______________________________ , Pro Se, as and for a Complaint to Establish Paternity against Defendant, and alleges as follows: A. BASIS 1. CHILD(REN) ON WHOSE BEHALF THE ACTION IS BROUGHT. This action is brought on behalf of: Name: ______________________________ Date of Birth: __________________ A resident of __________________ County, Kentucky Name: ______________________________ Date of Birth: __________________ A resident of __________________ County, Kentucky Name: ______________________________ Date of Birth: __________________ A resident of __________________ County, Kentucky Name: ______________________________ Date of Birth: __________________ A resident of __________________ County, Kentucky 2. NATURAL MOTHER. The natural mother of the child(ren) is ______________________________ [Name] . 3. ALLEGED FATHER. The alleged father of the child(ren) is: ____________________________________ ____________________________________ 5. JURISDICTION. The following parties are presently residing in the state of Kentucky: mother ______________________________ alleged father ______________________________ other ______________________________ Other: ________________________________________________ 6. JURISDICTION OVER THE CHILD. This court has jurisdiction over the child for the reasons set forth below. This state is the home state of the child because the child lived in Kentucky with a parent or a person acting as a parent for at least six consecutive months immediately preceding the commencement of this proceeding. the child is less than six months old and has lived in Kentucky with a parent or a person acting as parent since birth. any absences from Kentucky have been only temporary. Kentucky was the home state of the child within six months before the commencement of this proceeding and the child is absent from the state but a parent or person acting as a parent continued to live in this state. The child and the parent or the child and at least one parent or person acting as a parent, have significant connection with the state other than mere physical presence; and substantial evidence is available in this state concerning the child's care, protection, training and personal relationships and the child has no home state elsewhere. the child's home state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under the Kentucky Revised Statutes. All courts in the child's home state have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under the Kentucky Revised Statutes. No other state has jurisdiction. This court has temporary emergency jurisdiction over this proceeding because the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child is subjected to or threatened with abuse. 7. CHILD SUPPORT AND RESIDENTIAL PLACEMENT. The child is entitled to financial support pursuant to the Kentucky Revised Statutes and health insurance coverage from any parent owing a duty of child support, and it is otherwise in the child’s best interests to obtain a judicial determination of the parentage and residential placement of the child. Other: ____________________________________ 8. CURRENT RESIDENCE OF THE CHILD. The child currently resides with ____________________________________ [Name]. 9. OTHER: ____________________________________________________________ I. RELIEF REQUESTED The court is requested to enter an order and judgment that: ______________________________ [Name] be declared to be the natural father of Name of child: ____________________________________ Name of child: ____________________________________ Name of child: ____________________________________ Name of child: ____________________________________ The birth certificate of the child(ren) be amended to identify the father. Support be determined for the dependent child(ren) pursuant to the Kentucky Revised Statutes and either or both parents be ordered to maintain or provide health insurance coverage for the child and pay extraordinary uninsured costs proportionate to their income. The natural father pay past support, medical, and other expenses incurred on behalf of the child. A residential plan or parenting plan for the child be adopted by the court as proposed by the parents or as the court finds to be in the child’s best interest. In the event no residential plan or parenting plan is proposed, the custodian and primary residential parent be the parent with whom the child currently resides and the other parent’s residential time be denied. Court costs, blood test costs, guardian ad litem, attorney, and other reasonable fees be awarded by the court. Other: ________________________________________________ Dated: __________________ Signature of Plaintiff       Type or Print Name I declare under penalty of perjury under the laws of the State of Kentucky that the foregoing is true and correct. Signed at ____________________________________ [City and State] on __________________ [Date] . Signature of Plaintiff       Type or Print Name Commonwealth of Kentucky Court of Justice Motion to Approve Compromise Agreement Case No. ____________ Court Circuit District County __________________ I, ______________________________ , Plaintiff, hereby requests the Court approve the Compromise Agreement attached hereto and incorporated herein as though set forth in full, and further state as follows: 1. The Plaintiff Defendant, admits that he is the father of the minor child(ren) of this action. 2. The parties have reached a Compromise Agreement that addresses all the issues of child support, visitation, and parenting. 3. The parties agree that the Compromise is fair and reasonable and request the Court approve the Agreement. Date: __________________ ____________________________________ Plaintiff Defendant Address: ________________________ ________________________ ________________________ Telephone: ________________________ CERTIFICATE OF SERVICE I certify that on __________________ (date) the original and one copy of this document were filed with the Court; and, a true and accurate copy of the MOTION FOR APPROVAL OF COMPROMISE AGREEMENT was served on the other party by Hand Delivery OR by placing it in the United States mail, postage pre-paid, and addressed to the following: TO: ______________________________ ______________________________ ______________________________ ____________________________________ Signature Commonwealth of Kentucky Court of Justice Compromise Agreement Case No. ____________ Court Circuit District County __________________ STATE OF ____________ COUNTY OF __________________ WHEREAS , ____________________________________ (full legal name) , hereinafter referred to as "Plaintiff", and ____________________________________ (full legal name) , hereinafter referred to as "Defendant", are the parents of certain minor child(ren); and WHEREAS , the parties desire to make a mutually acceptable settlement of their rights, liabilities, obligations regarding child custody, support and visitation; and WHEREAS , the parties intend that this Agreement shall be binding and effective subject to approval by the Court in that certain action pending in the __________________ Court for the State of Kentucky, Case Number ____________ , which is an action to determine parentage involving Plaintiff and Defendant; and NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and contract as set forth above and below and being sworn, certify that the all statements contained herein are true and correct: SECTION 1. CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION A. It is agreed that the Plaintiff and the Defendant are the parents of the following child(ren) Name Birth date ______________________________ ________________________ ______________________________ ________________________ ______________________________ ________________________ ______________________________ ________________________ B. Parental Responsibility  Child Custody Both Plaintiff and Defendant are proper persons to have the permanent legal and physical custody, parental responsibility, care and control of the minor children of the parties. Plaintiff and Defendant shall share the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of the children, and shall, therefore, make joint decisions concerning the children’s health, education and welfare. Both Plaintiff and Defendant shall exchange information concerning the health, education and welfare of the minor children, and shall confer with one another in the exercise of decision-making rights, responsibilities and authority. Plaintiff and Defendant shall have equal access to all medical, dental and school records concerning the minor children. However, the parties agree that the best interest of the child(ren) at this time is that primary parental responsibility and physical custody of the minor child(ren) will be and agree as follows: Plaintiff shall have primary parental responsibility and custody of the minor child(ren) of the parties subject to the visitation rights of Defendant. Defendant shall have primary parental responsibility and custody of the minor child(ren) of the parties subject to the visitation rights of Plaintiff. Plaintiff and Defendant shall have joint primary parental responsibility and custody of the minor child(ren) of the parties, both legal and physical. C. Secondary Parental Responsibility, Visitation, or Time Sharing - General Provisions. Visitation shall be conducted pursuant the following general provisions: i) Visitation should be pleasant for the children and for the parent. Visitation should help the children maintain a good relationship with the non-custodial parent. ii) Visitation means the visiting parent has the children visit in his or her home overnight. It may include trips and outings elsewhere. iii) Visitation schedules shall be followed and the visiting parent shall inform the other parent when he or she cannot comply with the schedule. iv) Adjustment of the visitation schedule from time to time may be necessary according to the children's ages, health and interests. v) Visitation should provide meaningful personal contact for both the visiting parent and the children. vi) Visitation should not be used to check on the other parent and the children should not be questioned for information about the other parent. vii) Both parents should strive to agree on matters pertaining to the children, including discipline, so that one parent is not undermining the other parent's efforts. viii) It is in the child's best interest for each parent to have a frequent, meaningful and continuing relationship with their children. For children to make an adequate adjustment to the changed situation, the children must be allowed to continue their relationship with both parents, experience minimal changes in their lifestyle if at all possible, and not experience conflict between their parents. D. Secondary Parental Responsibility, Visitation, or Time Sharing  Schedule. The non-custodial parent is entitled to reasonable visitation with the minor child (ren). Plaintiff and Defendant adopt the following visitation schedule for the non-custodial parent: Birth to 1 Year of Age i) Non-custodial parent shall have four (4) visits with the child per week, with such contact lasting four (4) hours in length. ii) If the child is taken from the home of the custodial parent, the child shall be returned at least one (1) hour before evening bedtime. iii) Holiday Access Holiday access takes precedence over the regularly scheduled visitation plan. The non-custodial parent shall be entitled to the following: On each child's birthday from 5:00 p.m. until 8.00 p.m.; Memorial Day Monday from 2:00 p.m. until 6:00 p.m.; Labor Day Monday from 2:00 p.m. unti1 6:00 p.m.; Thanksgiving Day from 2:00 p.m. until 6:00 p.m.; Christmas Day from 2:00 p.m. until 6:00 p.m.; Independence Day from 2:00 p.m. until 6:00 p.m.; Mother's Day with Mother from 2:00 p.m. until 4:00 p.m. and Father's Day with Father from 2:00 p.m. until 4:00 p.m. 1 Year of Age to 5 Years of Age i) The non-custodial parent shall have access on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. ii) Additionally, the non-custodial parent shall be permitted one (1) week night each and every week with the child from 5:30 p.m. until 7:30 p.m. iii) Holiday Access Holiday access takes precedence over the regularly scheduled access/visitation plan. The non-custodial parent shall be entitled to the following: In years ending in an odd number: The night before each child's birthday from 5:00 p.m. until 8:00 p.m.; Memorial Day Monday from 9:00 a.m. until 6:00 p.m.; Independence Day from 9:00 a.m. unti16:00 p.m.; Thanksgiving Day from 9:00 a.m. until 6:00 p.m.; Christmas Eve from 6:00 p.m. until Christmas Day at 10:00 a.m.; In years ending in an even number: Each child's birthday from 5:30 p.m. until 7:30 p.m.; Easter from 8:00 a.m. unti1 6:00 p.m.; Labor Day Monday from 9:00 a.m. until 6:00 p.m.; Halloween evening from 5:30 p.m. until 8:00 p.m.; Christmas Day from 10:00 a.m. until 7:00 p.m. iv) Summer Visitation The non-custodial parent shall have one (1) week of vacation with the children each June, July and August of each year. The non-custodial parent shall notify the custodial parent in writing no later than May 1 of each year as to the specific weeks of such summer visitation. 5 Years of Age and Beyond i) Non-custodial parent shall have access with the child on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and on the Wednesday preceding the weekend access from 5:30 p.m. to 7:30 p.m. ii) In addition, the non-custodial parent shall have access with the child during the week immediately following the weekend visitation on Tuesday and Thursday evening from 5:30 p.m. until 7:30 p.m. iii) Holiday Access: Holiday access takes precedence over the regularly scheduled access/visitation plan. The non-custodial parent shall be entitled to the following: In years ending in an odd number: The night before each child's birthday from 5:00 p.m. to 8:00 p.m.; Spring Break from Friday at 6:00 p.m. to the Sunday prior to the start of school at 6:00 p.m.; Memorial Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Monday; Independence Day from 6:00 p.m. on July 3rd until 6:00 p.m. on July 5th; Thanksgiving holiday from 6:00 p.m. on Wednesday until 6:00 p.m. on Sunday; From 6:00 p.m. on December 26th until 6:00 p.m. on January 1st. In years ending in an even number: Each child's birthday from 5:30 p.m. until 7:30 p.m.; Easter weekend from 6:00 p.m. on Good Friday until 6:00 p.m. on Easter Sunday; Labor Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Monday; Halloween evening from 5:30 p.m. until 9:00 p.m. Christmas holiday from 6:00 p.m. on December 20th until 6:00 p.m. on December 26th. iv) Mother's Day/Father's Day The mother shall have access every Mother's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; the father shall have access every Father's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. v) Summer Visitation: The non-custodial parent shall have five (5) weeks of summer visitation with the child to be taken in no more than two (2) week intervals and with such weekly or two (2) week visits to be nonconsecutive. The non-custodial parent shall notify the custodial parent in writing no later than May 1st of each year as to the specific weeks of such summer visitation. E. Secondary Parental Responsibility, Visitation, or Time Sharing  Additional Provisions. In exercising visitation rights the following additional provisions apply: 1. Conflicts Between Regular Weekend, Holiday, and Extended Summer Visitation. Where there is a conflict between a holiday weekend and the regular weekend visitation, the holiday takes precedence. Thus, if the non-custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating visitation schedule will resume following the holiday. If the non-custodial parent received two consecutive weekends because of a holiday, the child will spend the following weekend with the custodial parent. When there is a conflict between holiday visitation and extended summer visitation, the holiday visitation takes precedence. When there is a conflict between regular weekend visitation and extended summer visitation, extended summer visitation takes precedence. 2. Appropriate Conduct By Parents . Parents shall, at all times, avoid speaking negatively about each other and should firmly discourage such conduct by relatives or friends. Each parent should encourage the children to support the other parent. The basic rules of conduct and discipline established by the custodial parent should be the baseline standard for both parents, and consistently enforced by both, so that the children do not receive mixed signals. 3. Parental Communication. Parents shall at all times keep each other advised of their home and work addresses and telephone numbers. So far as possible, all communication concerning the children shall be conducted between the parents in person, or telephonically at their residences (and not at their places of employment). 4. Grade Reports and Medical Information. The custodial parent shall provide the non-custodial parent with grade reports and notices from school as they are received and shall, consistent with Alaska law, permit the non-custodial parent to communicate concerning the children directly with the school and with the children's doctors and other professionals, outside the presence of the custodial parent. Each parent shall immediately notify the other of any medical emergencies or serious illnesses of the children. The custodial parent shall notify the non-custodial parent of all school or other events (like Church or Scouts) involving parental participation. If the children are taking medications, the custodial parent shall provide a sufficient amount and appropriate instructions. 5. Visitation Clothing. The custodial parent shall send an appropriate supply of the children's clothing with them, which shall be returned clean (when reasonably possible), with the children, by the non-custodial parent. The non-custodial parent shall advise, as far in advance as possible, of any special activities so that the appropriate clothing may be sent. 6. Visitation or Support Disputes. Neither visitation nor child support is to be withheld because of either parent's failure to comply with a court order. The children have aright to both support and visitation, neither of which is dependent upon the other. In other words, failure to pay support does not mean no visitation and no visitation does not mean no support. If there is a violation of either a visitation or a support order, the exclusive remedy is to apply to the court for appropriate sanctions. 7. Adjustments to This Visitation Schedule. Although this is a rather specific schedule, the parties are expected to fairly modify visitation when family necessities, illnesses or commitments reasonably so require. The requesting party shall give as much notice as circumstances permit. 8. Pickup and Drop-off. Unless other arrangements are made, the non-custodial parent shall pick up the children at the times specified and return them at the times specified. The custodial parent shall have the children ready for visitation at the time they are to be picked up and shall be present at the home to receive the children at the time they are returned. Unjustified violations of this provision may result in the offender being subject to contempt of court. (Commentary: While it is most desirable for the parents to pick up and return the children, this provision does not prohibit grandparents, current spouses or other appropriate adults known to the children.) 9. Extracurricular Activities. Children are often involved in sports, lessons, and other extracurricular activities, which are generally to their benefit and enjoyment. Each parent shall recognize that a reasonable amount of extracurricular activities are generally assumed to be in the children's best interests. Each parent should attempt to be flexible in order to accommodate the children's extracurricular activity schedules as must as reasonably possible, although extracurricular activities should not supersede summer visitation with non-custodial parents, nor should they be used as a method by which to deny access to the non-custodial parent. In recognition of the scheduling difficulties that can be caused by children' s extracurricular activities, custodial parents should act in good faith in attempting to schedule such extracurricular activities as not to unreasonably infringe upon the non-custodial parent's access to the children. Likewise, the non-custodial parent should act in good faith in attempting to assist in transportation needs and in accommodating the children's extracurricular schedules as much as reasonably possible. Good faith communication by the parents is essential with regard to the difficult issue of the scheduling of children's extracurricular activities. 10. Notice of Canceled Visitation. Whenever possible, the non-custodial parent shall give a minimum of three (3) days notice of intent not to exercise all or part of the scheduled visitation. When such notice is not reasonably possible, the maximum notice permitted by the circumstances, and the reason therefore, shall be given. The custodial parent shall give the same type of notice when good cause exists making the cancellation or modification of scheduled visitation necessary. 11. Missed Visitation. In the event the non-custodial parent misses visitation as the result of illness of the child or parent, an emergency, or other such reasonable excuse, the parties shall make a good faith effort to make up a portion of that visitation within a reasonable period of time, understanding the importance of the non-custodial parent's continuing and frequent contact with the children. (Commentary: It is important to remember that illness should not necessarily deprive the non-custodial parent of visitation with the children. Clearly, a non- custodial parent can take care of a sick child as well as the custodial parent in many circumstances.) 12. Custodial Parent's Vacation. Unless otherwise specified, the custodial parent shall be entitled to a period of vacation with the children no less than that accorded the non- custodial parent, whose visitation shall abate during the first fourteen days thereof, and thereafter only so long as distance makes visitation impracticable. 13. Caretaker Provision. As a general rule, each parent shall have the right of first refusal for childcare or baby sitting needs of the other parent for durations of four hours or more. Whenever either parent has a need for child care or baby sitting for a duration of four hours or more, that parent should always make a good faith attempt first to inquire of the other parent, with as much advance notice as reasonably possible, whether the other parent desires to provide child care or baby sitting. The other parent is under no obligation to provide the childcare or baby sitting. If the other parent elects to provide such childcare or baby sitting, it shall be done at no cost. This provision is intended to provide each parent additional access to the children whenever reasonably possible. 14. Telephone and Mail Privileges. Each parent shall allow liberal and reasonable telephone and mail privileges with the children. 15. Medical Reports and Bills. The Custodial parent shall provide copies of all medical information, and documentation, including bins, within seven (7) days of their receipt and shall immediately notify the other parent in the event of a medical emergency. Every effort shall be made for the custodial parent to provide the non-custodial parent with the necessary information of a medical expense in order to get the bill satisfied. The parent with the medical insurance shall provide the other parent with a copy of the explanation of benefits within seven (7) days from the date of receipt of same so that the uninsured portion of the bill can be quickly calculated and paid within a reasonable period of time. 16. Abatement of Support During Extended Visitation. If the non-custodial parent's support obligation is current, support shall abate by 50 percent during any visitation of seven (7) consecutive days or more. If support is not current, the 50 percent that would have been abated shall be paid and shall apply to the existing arrearage. (Commentary: If the custodial parent actually receives the full amount of child support during this period and if support is current, it is the custodial parent's obligation to refund the money immediately to the non-custodial parent. This alleviates many of the problems that arise when wage-withholding orders have been issued.) 17. Modification. If the parties mutually agree permanently to change the provisions of this agreement, they must petition the Court to approve and order that change. In the event that the parties do not obtain a court order, the Court will not be bound by any alleged agreement of the parties. 18. Neither parent shall take the child(ren) from the custody of the other parent or any child care provider or other person entrusted by the other parent with the care of the child(ren) without the agreement of the other party during the other party’s time of parental responsibility or visitation. F. Other Provisions. {explain any other agreed-upon arrangements} ____________________________________________________________ SECTION 2. CHILD SUPPORT, HEALTH INSURANCE, DENTAL INSURANCE A. Amount and Person to Pay. Plaintiff Defendant will pay child support to Defendant Plaintiff for the benefit of the minor children of the parties in the amount of $ __________________ , per child, every week other week month, beginning ________________________ {date} and continuing until modified by court order, or the minor child(ren) becomes an adult, emancipated, marries, dies, otherwise becomes self-supporting. (Note: Child support is stated in terms of amount per child.) B. Child Support Arrearage. There currently is a child support arrearage of $ __________________ for retroactive child support and/or $ __________________ for previously ordered unpaid child support. The total of $ __________________ in child support arrearage shall be repaid at the rate of $ __________________ every week other week month, beginning ________________________ , until paid in full including statutory interest. C. Health Insurance. Plaintiff Defendant will maintain health insurance coverage for the parties’ minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR Health insurance is not reasonably available at this time. Any uninsured/unreimbursed medical costs for the minor child(ren) shall be assessed as follows: a. Shared equally by both parents. b. Prorated according to the child support guideline percentages. c. Other {explain} : ____________________________________________________________ As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph. D. Dental Insurance. Plaintiff Defendant will maintain dental insurance coverage for the parties’ minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR       dental insurance is not reasonably available at this time. Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be assessed as follows: a. Shared equally by both parents. b. Prorated according to the child support guideline percentages. c. Other {explain} : ____________________________________________________________ As to these uninsured/unreimbursed dental expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph. E. Life Insurance. Plaintiff Defendant shall be required to maintain life insurance coverage for the benefit of the parties’ minor child(ren) in the amount of $ ____________ until the youngest child becomes an adult, becomes emancipated, marries, dies, or otherwise becomes self-supporting. IRS Income Tax Deduction(s). The parent granted primary residential responsibility or sole parental responsibility of the parties’ minor child(ren) shall have the benefit of any tax deductions for the child(ren) or as follows {explain} : ________________________________________________________________________ The other parent will convey any applicable IRS form regarding the income tax deduction. F. Other provisions relating to child support (e.g., uninsured medical/dental expenses, insurance coverage, life insurance to secure child support, orthodontic payments, college fund, etc.): ____________________________________________________________ SECTION 3. ABSENCE OF DURESS OR UNDUE INFLUENCE The parties agree and state that each has freely and voluntarily entered into this agreement. This agreement was executed free of any duress, coercion, collusion, or undue influence. In some instances, it represents a compromise of disputed issues; however, the parties believe that the terms and conditions of the Agreement are fair and reasonable. SECTION 4. ENFORCEMENT This Agreement may be enforced by actions and proceedings for Contempt of Court, or attachment and garnishment, for specific performance, or any other remedy legally available to either Plaintiff or Defendant, for the enforcement of the provisions and covenants of this Agreement. SECTION 5. BANKRUPTCY To the extent of any obligation contained herein is discharged in bankruptcy and the non- bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition a court of competent jurisdiction for child support in an amount sufficient to cover any amounts so discharged. SECTION 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and each party acknowledges that there are no further agreements not expressly included herein and that this Agreement may be modified, altered, or amended only in writing, duly signed and notarized by each in the form of this original. SECTION 7. FULLY READ AND UNDERSTAND; INFORMED CONSENT Each party represents and acknowledges that he or she has fully read this Agreement, consulted with each other, carefully considered same, and have signed and executed same after such consultation, that the signing of this Agreement is free and voluntary without force or collusion by either party or any third party, and that each party signed same with the full knowledge of said party's rights, obligations, and responsibilities. Each party agrees that they have had a reasonable opportunity to consult with an attorney of their choice in the negotiation and preparation of this document, and regarding any divorce proceeding. SECTION 8. SEVERABILITY If any portion of the agreement shall be held to be void, voidable or unenforceable for any reason, then all the remaining parts or portions shall be construed, implemented and administered as if such void, voidable or unenforceable portion did not appear herein. SECTION 9. CONTROLLING LAW This Agreement shall be governed, enforced and interpreted according to the laws of the State of Kentucky. SECTION 10. EFFECTIVE DATE; HEIRS AND ASSIGNS This agreement shall be binding upon the parties and their legal representatives, successor, heirs and assigns, subject to approval by the Court in which paternity proceedings are instituted or pending. EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Date:       Signature of Plaintiff       Type or Print Name Address: City, State, Zip Telephone Number Date:       Signature of Defendant       Type or Print Name Address: City, State, Zip Telephone Number STATE OF __________________ COUNTY OF ____________ I, a Notary Public, do hereby certify that ______________________________ (here give the name of the grantor or maker) personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and (where an official seal is required by law) official seal This the ______ day of __________________ , 20 ______ . (Official seal.) Notary Public       Type or Print Name My Commission Expires: STATE OF __________________ COUNTY OF ____________ I, a Notary Public, do hereby certify that ______________________________ (here give the name of the grantor or maker) personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and (where an official seal is required by law) official seal This the ______ day of __________________ , 20 ______ . (Official seal.) Notary Public       Type or Print Name My Commission Expires: Commonwealth of Kentucky Court of Justice Order Approving Compromise Agreement Case No. ____________ Court Circuit District County __________________ THE COURT, having read and considered the Motion for Approval of Compromise Agreement, having reviewed the case file and being fully advised in the premises therein, rules as follows: 1. This Court has jurisdiction over the parties under the law. 2. Plaintiff and Defendant are the natural parents of the child(ren). CHILD’S NAME DATE OF BIRTH ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ 3. The terms and conditions contained in the Compromise Agreement filed by the Parties is approved and incorporated herein as though set forth in full. 4. That the birth certificate of the child(ren) is at variance with this Decree and new birth certificate shall be issued and the child’s last name changed to that of the Plaintiff Defendant. 5. OTHER ORDERS: This Court makes further Orders relating to this matter as follows: ________________________________________________________________________ Date: __________________ ____________________________________ JUDGE Commonwealth of Kentucky Court of Justice Motion for Genetic Testing Case No. ____________ Court Circuit District County __________________ I, ______________________________ , ask that the Court Order all parties to submit to genetic testing, and state as follows: 1. The Plaintiff Defendant, denies that he is the father of the minor child(ren) of this action. 2. The Court has authority to order genetic testing. 3. I have contacted ________________________________________________ (name of lab) , and have obtained an appointment for __________________ (date) at ____________ so that all parties may appear for purpose of obtaining genetic specimens. 4. I have been advised that the cost of this testing will be $ ____________ (total amount for genetic testing) . 5. I request that the Court order that the tests be paid as follows: ____________ % Plaintiff ____________ % Defendant 6. I also ask that the Court order all parties to cooperate with the testing, and to notify the Plaintiff Defendant that if he fails to do so, the Court may enter orders against him including finding him to be the father of: Names of Children: ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ Date: __________________ ____________________________________ Plaintiff Defendant Address: ________________________ ________________________ ________________________ Telephone: ________________________ CERTIFICATE OF SERVICE I certify that on __________________ (date) the original and one copy of this document were filed with the Court; and, a true and accurate copy of the MOTION FOR GENETIC TESTING was served on the other party by Hand Delivery OR by placing it in the United States mail, postage pre-paid, and addressed to the following: TO: ______________________________ ______________________________ ______________________________ ____________________________________ (Your Signature) Commonwealth of Kentucky Court of Justice Affidavit in Support of Genetic Testing Case No. ____________ Court Circuit District County __________________ STATE OF __________________ COUNTY OF __________________ ____________________________________ , being duly sworn, deposes and says: 1. I am the Plaintiff in the within action and submit this affidavit in support of my Motion for Genetic Testing. 2. That the following facts establish a reasonable possibility of the requisite sexual contact between the parties: _______________________________________________________________ WHEREFORE, I respectfully request that the Court enter an Order requiring the Defendant submit to genetic testing. Signature       Type or Print Name Sworn to before me this ______ day of ________________________ , 20 ______ ____________________________________ Notary Public Commonwealth of Kentucky Court of Justice Order for Genetic Testing Case No. ____________ Court Circuit District County __________________ THE COURT , having read and considered the Motion For Genetic Testing, having reviewed the case file and being fully advised in the premises therein, rules as follows: THE COURT FINDS that it appropriate to grant the motion. IT IS THEREFORE ORDERED: 1. The parties are ordered to submit to genetic testing and samples to be drawn at Name of Lab ____________________________________ Date ____________________________________ Time ____________________________________ . 2. The parties shall cooperate with the genetic testing. 3. Costs of genetic testing shall be paid by ____________ % Plaintiff ____________ % Defendant. 4. Should the Plaintiff Defendant fail to comply with said testing, a default order may enter against that party. 5. The matter shall be set for hearing by Plaintiff Defendant before this Court, for receipt of testing results once the results are received. 6. Both parties are ordered to notify the Court, in writing, of any change of address for notice purposes. DATE: __________________ ____________________________________ Judge Commonwealth of Kentucky Court of Justice Agreement for Genetic Testing Case No. ____________ Court Circuit District County __________________ Plaintiff and Defendant agree to the following: 1. The Plaintiff Defendant requests genetic testing and denies that he is the father of the minor child(ren): Name of Child(ren) Date of Birth ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ 2. It is agreed that the Child, Plaintiff, and Defendant will submit to genetic testing. 3. Costs of genetic testing shall initially be paid by: Plaintiff Defendant 4. If the ________________________ fails to appear for the testing, the Court may find him to be the father. 5. The matter will be set for hearing once the test results are received. 6. The parties agree to notify the Court, in writing, of any change of address or employment within ten days of the change. I have read this agreement, understand the terms and agree to be bound by those terms. ___________________________________ ____________________________________ Plaintiff Defendant STATE OF __________________ COUNTY OF ____________ I, a Notary Public, do hereby certify that ______________________________ (here give the name of the grantor or maker) personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and (where an official seal is required by law) official seal This the ______ day of __________________ , 20 ______ . Notary Public (Official seal.)       Type or Print Name My Commission Expires:       STATE OF __________________ COUNTY OF ____________ I, a Notary Public, do hereby certify that ______________________________ (here give the name of the grantor or maker) personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and (where an official seal is required by law) official seal This the ______ day of __________________ , 20 ______ . Notary Public (Official seal.)       Type or Print Name My Commission Expires:       Commonwealth of Kentucky Court of Justice Order for Genetic Testing By Agreement Case No. ____________ Court Circuit District County __________________ ORDER FOR GENETIC TESTING BY AGREEMENT THE COURT, having read the foregoing agreement between the parties regarding genetic testing, FINDS THAT, the same is fair and not unconscionable, and therefore makes the same an order of the Court. The parties shall appear for genetic testing as stated in the agreement. Costs of testing shall be paid by Plaintiff Defendant Date: __________________ BY THE COURT: ____________________________________ Commonwealth of Kentucky Court of Justice Decree of Paternity Case No. ____________ Court Circuit District County __________________ THIS COURT having read the pleadings, heard the evidence, and being otherwise advised, finds: Findings of Fact 1. The Petitioner is a resident of _____________ County. 2. _________________________ is the Mother of the minor child. 3. _________________________ is the Father of the minor child. 4. The name, date of birth and age of the minor child is: Name Date of Birth Age                   WHEREFORE, THIS COURT ORDERS: Paternity 1. ______________________________ is hereby declared to be the natural father of the minor child. Custody [Choose One] 2. Mother is awarded sole legal and physical custody of the minor child subject to the other parent’s reasonable rights of visitation. Sole legal and physical custody in Mother is in the best interests of the minor child because: _________________________ _______________________________________________________________________ 2. Father is awarded sole legal and physical custody of the minor child subject to the other parent’s reasonable rights of visitation. Sole legal and physical custody in Father is in the best interests of the minor child because: _________________________ _______________________________________________________________________ OR 2. Mother and Father are awarded joint legal and physical custody of the child in accordance with the parties’ Parenting Plan. Child Support 3. Child support is set according to the _____________________ Child Support Guidelines and Father is order to pay monthly child support of $ _______ to be paid on or before the first of each month, beginning the first month after the entry of the Decree of Paternity. 3. Child support arrears are found to be $ _______ and Father is ordered to pay child support arrears by paying an additional monthly amount of $ _______ to be paid on or before the first of each month, beginning the first month after the entry of Decree of Paternity. Life Insurance 4. Father is ordered to purchase life insurance with a benefit amount of $ _______ , naming the Mother as trustee for the benefit of the minor child in order to pay the child support obligation upon the other parent’s death. Medical Insurance 5. Father is ordered to provide health and dental insurance for the minor child. Medical Expenses [Choose One] 6. Father shall pay 100% of the child’s health and dental expenses not paid by insurance. OR 6. Mother and Father shall each pay one-half of the child’s health and dental expenses not paid by insurance. OR 6. Mother and Father shall pay the child’s health and dental expenses not paid by insurance in the percentages shown on the child support worksheet. Lying-in Expenses 7. Mother incurred $ _______ in hospital expenses for the pre-natal care, birth and immediate post-natal care of the minor child and Father should pay this amount to the Mother in 12 equal monthly installments to be paid on or before the first of each month, beginning the first month after the entry of the Decree of Paternity. Birth Records 8. The Department of Vital Statistics should be ordered to change the birth record of the minor child to reflect the paternity as determined by this court. District Judge Petitioner Respondent