Legal Question in Family Law in Kentucky
remaining their father
The mother of my kids and I never married. Recently we separated and she married another man. She wants them to take his last name, and she wants to sever any connection my family has with them. But she is willing to keep me in their lives, I need to know if there is any way to change their names while keeping me as their father but allowing her the security of having all connections with my family severed, she wants to have her husband legally adopt them, but I know that involves me giving up my paternal rights and I would no longer be their father. I do not want this, I am willing to have their names changed to his, but I want to remain as their legal father. Can this be done? I live in kentucky, they live in hawaii, if that makes a difference at all.
1 Answer from Attorneys
Re: remaining their father
Where the children live does make a difference because typically that is the state law that applies. Under Kentucky law, if both parents consent to a name change, then the court can order that change. If the children were born in Kentucky, though, and the birth certificates are registered in Kentucky, you wil need to have a Kentucky court enter the order.
Now, severing extended family ties is mostly a decision for the parents, but Kentucky recognizes grandparent visitation rights. Most likely, though, Hawaii law would apply to that circumstance.
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