Ky. Rev. Stat. » Chapter 405
Kentucky Revised Statutes

Ky. Rev. Stat. § 405.028 (2026)

Custody, visitation, and inheritance rights denied parent convicted of a

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

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. 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.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2026–2026 · leading case: G.M.B. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. Ct. App. 2026).
Sort: Relevance Newest Treatment
G.M.B. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. Ct. App. 2026). · cites it 3× “322(2) and KRS 405.028(1),2 which prohibits a rapist of the biological mother from having custody or visitation with a child born from the rape.”
Ky. Rev. Stat. § 405.028(1): 1 case
G.M.B. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. Ct. App. 2026). “322(2) and KRS 405.028(1),2 which prohibits a rapist of the biological mother from having custody or visitation with a child born from the rape.”
Ky. Rev. Stat. § 405.028(2): 1 case
G.M.B. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. Ct. App. 2026). “322(2) and KRS 405.028(1),2 which prohibits a rapist of the biological mother from having custody or visitation with a child born from the rape.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.