Legal Question in Family Law in Kentucky

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. From what you indicate, there has not been a court determination of paternity, but you and your ex boyfriend have acknowledged that he is the father.

There is nothing to prevent you from leaving the state with your son. Your ex boyfriend might then file a paternity action, and demand some sort of reasonable visitation. The court would also make him liable for child support, back to the date of your son's birth.

Another approach would be a voluntary termination of parental rights. This could only be done if your new husband wants to adopt the child. Then the ex-boyfriend could consent to the adoption, thus terminating his parental rights, so your husband could adopt the child. However, be aware that if your husband adopts the child, he will then continue to have legal rights to the child until the child becomes an adult, even if you and he should later get divorced.

Courts are concerned with the �best interests� of children, and will ordinarily not allow voluntary termination of parental rights simply because of failure to contact or to get a parent �off the hook� for child support.

If your ex-boyfriend refuses to cooperate, you might investigate involuntary termination. Involuntary termination of parental rights is covered by Kentucky Statutes: �� 600.020(2); 610.127; 625.090. These laws spell out the circumstances that are grounds for involuntary termination, to include:

Abandonment

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

Thomas A. McAdam, III

Attorney at Law

234 South Fifth Street

Louisville, Kentucky 40202

(502) 584-7255

[email protected]