Legal Question in Family Law in Kentucky
Missing father
I have sole custody of my son. His father disappeared 6 months ago. I have turned him in for non-support. His parents also do no know where he is. The court order reads ''liberal visitation''. My son will start school this year and I want to change his name to mine, can this be done? And should I change the visitation order to supervised or none?
2 Answers from Attorneys
Re: Missing father
You have many options available to you inthis situation. Obviously, you have pursued one which is the criminal non-support option. Other options include: name change (a court may grant if it determines it is in the best interests of the child and as sole custodian you may have more of an input in this decision), visitation change (alter to supervised visits until he returns and explains himself), and adoption (a slightly more complicated process which requires the child to have a stepparent willing to adopt). feel free to e-mail me with additional questions at [email protected].
Re: Missing father
Name changes must be approved by a court,
and notice must be given to the other (absent)
parent. Regarding visitation, a court would have
to find that either no visitation or supervised
visitation would be in the best interest of the
child. There is a presumption that visitation is
in the child's best interest, and it would be
necessary to establish why eliminating visitation
or limiting it to supervised would be in the
child's best interest.
Best wishes, I hope this has been helpful.