An interesting and sad husband/putative father custody case is pending in Jefferson Circuit Court, Family Division and in the Kentucky Court of Appeals.
Putative father (G.J.R.) claims DNA shows that he is the bio-dad. He sued in Jefferson Circuit Court, Family Division 7, for custody and visitation rights. Husband and his wife, who is the mother of the child (J.N.R. and J.S.R.), are raising this child born during their marriage. They moved to dismiss, because of the presumption of paternity afforded the husband and claimed that the bio-dad was a legal stranger to the child. When the trial court denied the Motion to Dismiss and ordered mediation, husband and wife filed a Petition for Writ of Prohibition in the Court of Appeals and a Motion for an Immediate Order Staying the Proceedings below. The Court of Appeals has not yet ruled on the Petition for Writ of Prohibition. The Order Granting Emergency Immediate Relief is here: Download 12722.pdf
Comment by A. Hart: Many factors should be considered to answer this question: 1) Has the biological father had contact with the child? If so, how often? 2) Has the father provided financial support? 3) How did the father obtain DNA proof? 4) Does the father have other evidence? 5) On what basis did the Family Court dismiss the husband/wife's petition to dismiss?
Surely, the Family Court did not believe the father was a legal stranger because they dismissed the petition to dismiss. So why did the appellate court stay the case?
UPDATE: The Court of Appeals denied the writ and remanded to the trial court for further proceedings.This is not an adjudication on the merits; the case will have to be decided by the trial court and a regular appeal had.