Legal Question in Family Law in Kentucky
Father Rights
I have a 6 year old daughter. Her real father has only seen her once and that was the day after she was born. (she was born in Ky and he lived in In.) I have not had contact with him since Oct. 2001 but when I did have contact with him he threatened both the lives of my daughter and me. I have not asked for child support and do not want it. I just want to get his rights taken so my husband, the one she sees as daddy, can adopt her. What steps would I have to go through to achieve this?
1 Answer from Attorneys
Re: Father Rights
Unless the biological father signs a voluntary termination agreement and waiver, you will have to file a petitioner that meets all the requirments of KRS 625.050. You will have to prove the elements from KRS 625.090.
Given the facts that you present, the court should be able to find that he neglected and abandoned this child. This should be enough. However, not every county will entertain such a petition from a parent; some only accept them from the Cabinet for Health and Family Services.
This is not something I would recommend you try to do without a lawyer. Also, the father has to be served as a party to the action. This may make him suddenly demand to be a part of the child's life so you need to have good representation to better your chances of winning.
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