Legal Question in Family Law in Kentucky
Termination of Fathers' Rights
My ex-wife has remarried and moved to another state. She is currently trying everything she can to keep me out of my children's life including making false accusations of physical harm.When this tatic did not
work,she has has now come up with a scheme to terminate my parental rights so that her new husband
can adopt my children. I am behind on child support but have filed a petition for a reduction of support
payments.
My question is- Can she terminate my rights as thier father without my consent? I want very much to be a
part of thier lives and am strongly against this move
on her part.
4 Answers from Attorneys
Re: Termination of Fathers' Rights
I agree with Mr. Martin. My experience, both on and off the bench (Commissioner), is that some parents just give up and disappear. Keep in touch, pay attention to visitation as much as possible even seeking modification of the visitation order due to the out of state problem, and defend any action to terminate.
Re: Termination of Fathers' Rights
Under KY law, nonsupport is reason for involuntary termination of parental rights only if the nonsupport
is substantial. Under KRS (KY Revised Statutes) 625.090 (2) "No termination of parental rights shall be ordered unless the Circuit Court also finds
by clear and convincing evidence the existence of one (1) or more of the following
grounds:
(a) That the parent has abandoned the child for a period of not less than ninety
(90) days;
(b) That the parent has inflicted or allowed to be inflicted upon the child, by other
than accidental means, serious physical injury;
(c) That the parent has continuously or repeatedly inflicted or allowed to be
inflicted upon the child, by other than accidental means, physical injury or
emotional harm;
(d) That the parent has been convicted of a felony that involved the infliction of
serious physical injury to any child;
(e) That the parent, for a period of not less than six (6) months, has continuously
or repeatedly failed or refused to provide or has been substantially incapable
of providing essential parental care and protection for the child and that there
is no reasonable expectation of improvement in parental care and protection,
considering the age of the child;
(f) That the parent has caused or allowed the child to be sexually abused or
exploited;
(g) That the parent, for reasons other than poverty alone, has continuously or
repeatedly failed to provide or is incapable of providing essential food,
clothing, shelter, medical care, or education reasonably necessary and
available for the child's well-being and that there is no reasonable expectation
of significant improvement in the parent's conduct in the immediately
foreseeable future, considering the age of the child; ...."
Good luck.
Re: Termination of Fathers' Rights
No, she cannot terminate your parental rights without your consent or without a court order. But you must participate in the court action so she cannot state that you have no interest in the child and have not responded to notices. Being behind in support is not reason to terminate parental rights; she must show that you are unfit as a parent and that it is in the best interests of the children for your parental rights to be terminated. You are advised to consult with a local family law attorney regarding your legal options.
Re: Termination of Fathers' Rights
Yes, your rights can be terminated in kentucky without your consent. it is imperative that you act to protect your rights as a parent immediately. i can be contacted at 502-583-2005 to dicuss this matter in greater detail.