# KRS § 405.028: 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

> Kentucky · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.028

## Section

- **Citation:** KRS § 405.028
- **Heading:** 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
- **Jurisdiction:** Kentucky
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KY Code / Title XXXV / Chapter 405 / Section 405.028

## Text

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.

## Nearby sections

- [KRS § 405.010 405.010 Parents entitled to services and earnings of child -- Suit for loss of](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.010.md)
- [KRS § 405.020 405.020 Custody, nurture, and education of minor child -- Physically and mentally disabled children -- De facto custodian](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.020.md)
- [KRS § 405.021 405.021 Reasonable visitation rights to grandparents](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.021.md)
- [KRS § 405.023 405.023 Centralized statewide information and referral program for grandparents and other caregivers caring for minors who are not their biological children](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.023.md)
- [KRS § 405.025 405.025 Parent or guardian liable for willful damage to property caused by minor](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.025.md)
- [KRS § 405.027 405.027 Court may require parent or guardian of minor defendant to pay attorney's fees and costs](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.027.md)
- [KRS § 405.028 405.028 Custody, visitation, and inheritance rights denied parent convicted of a felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.028.md)
- [KRS § 405.060 405.060 Sale or conveyance in fraud of wife or child -- Transfer of income or property to avoid payment to child support creditor](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.060.md)
- [KRS § 405.070 405.070 Provision for children of parent joining certain religious societies](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.070.md)
- [KRS § 405.075 405.075 Definitions for section -- Anonymity of parent who places newborn infant with emergency provider, police station, fire station, hospital, or participating place of worship -- Newborn safety device -- Transport to emergency room -- Implied consent to treatment -- Waiver by parent -- Sign posted at facility -- Immunity of provider, officer, firefighter, or staff member from liability -- Short title](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.075.md)
- [KRS § 405.390 405.390 Adoption of an adult](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.390.md)
- [KRS § 405.405 405.405 Definitions in KRS 15.800 applicable to KRS 405.430 to 405.530](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.405.md)
- [KRS § 405.411 405.411 Newspaper publication of names of persons with child support arrearages or who fail to appear in child support cases](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.411.md)
- [KRS § 405.430 405.430 Genetic testing to establish paternity -- Office may determine child support or child care obligation -- Adjustment of child support or child support obligation -- Order requiring parent to work or continue educational or training activities -- Disclosure of financial records -- Voluntary acknowledgment of paternity as basis -- Administrative subpoenas to enforce child support obligation -- Prohibition -- Employment assistance](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.430.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXV_C405_S405.028. Check the current official text before relying on it. Not legal advice.