Legal Question in Family Law in Kentucky

I live in KY. My ex-husband is wanting to give up his parental rights to our daughter. I have agreed to this. But the courts seem to be having a problem with it. In cases like this there is usually another party, such as a step-parent, stepping in to adopt the child. My question is, since I'm not remarried and have no intention of getting remarried in the future, can my sister step in and adopt my ex-husband's "half"?


Asked on 12/22/10, 9:19 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

No.

The only person who could adopt your child while you still have parental rights is a stepparent. Under Kentucky law, another person could not adopt your child so long as you still hold rights. (In my opinion, this remains mostly as a measure to discriminate against homosexual couples, but I digress.)

Essentially, the Court will not allow a voluntary termination of parental rights when there is not a stepparent adoption, because that is one less person with financial responsibility for the child. The Court, by allowing a termination of parental rights, lets your ex off the hook for financial responsibility of the child. If you are an individual with a great deal of earning potential, with financial stabililty, the court is more likely to allow your ex-husband to terminate his rights because you are not likely to be drawing welfare benefits.

If the goal here is to let the ex-husband off the hook for child support, while keeping him away from the child, there are other ways of accomplishing this, through an agreed custody order. However, if you are receiving welfare benefits, you will not be able to waive his support obligation.

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Answered on 1/02/11, 4:09 pm


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