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.


Asked on 3/06/02, 8:34 pm

4 Answers from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

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.

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Answered on 3/07/02, 7:59 am
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

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.

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Answered on 3/07/02, 10:49 am
Sanford Martin Martin Law Office

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.

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Answered on 3/06/02, 8:49 pm
Bryan Gowin Bryan Gowin Attorney at Law

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.

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Answered on 3/06/02, 9:50 pm


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