Legal Question in Family Law in Kentucky

Do I need bio Dad's permission for adoption: I have sole custody and legal guard

In my Canadian divorce agreement, I was awarded sole custody and guardianship of my child. Bio Dad further adjusted visitation to allow my move and remarriage in the states. He has not seen my child in three years, but does phone twice a year, never paid child support. Being as I have sole legal decision making rights for my child, do I need his permission for my husband of two years to adopt my child? Bio Dad can get very ugly; bi-polar Thanks!


Asked on 1/08/04, 12:21 am

2 Answers from Attorneys

Bryan Gowin Bryan Gowin Attorney at Law

Re: Do I need bio Dad's permission for adoption: I have sole custody and legal g

There are two ways to do a step-parent adoption- by consent or without consent. If you do not have his consent, you have to prove that he has abandonded the child or failed to provide for his care. I would recommend you consult with an attorney.

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Answered on 1/08/04, 8:23 am
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: Do I need bio Dad's permission for adoption: I have sole custody and legal g

I have read Mr. Gowin's reply, and generally concur. However, there may be issues arising under Canadian law regarding paternal rights, for which you may need to consult with your Canadian divorce counsel.

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Answered on 1/08/04, 10:16 am


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