Legal Question in Family Law in Kentucky
Step-parent Adoption
My ex husband has not seen our children in nearly 2 years and does not try to contact us at all. I have asked him what he thinks of adoption or at least changing the last names of the children and he thinks it is a good idea to change their names and them not see him but isn't sure about adoption. What is my best option? I am pretty sure I can terminate his rights since he hasn't ever paid child support and doesn't have contact with them and the children do not know him now and call my current husband ''Daddy''. He is more than willing to assume the right of a legal father. Any suggestions? Their birth father said that he just didn't want them to have the ''court expierience'' with the DNA testing and sitting in court all day, this is why he says he wanted to just change their last names instead of going through with adoption. He also lives many hours away and didn't want to have to come here for overnight visits to have to appear in court himself. What can I do?
2 Answers from Attorneys
Re: Step-parent Adoption
I doubt that your ex's true concerns are the court appearances, but in case they actually are, he can sign a consent to adopt and waiver of appearance. He need never appear in court and it is incredibly unlikely the children would appear in court.
I would suggest getting with an attorney and drawing up all the papers that would be needed and just mail them to him to sign (notarized) and send back.
If he still refuses, then you can expect he will fight you on an involuntary termination action. It could still be accomplished, but it would require getting everything right from service of process to the right evidence.
Re: Step-parent Adoption
Under Kentucky law, you would have to be married again and your new husband would have to agree to adopt the children. Additionally, a court would have to terminate the parental rights of the child's father.
Adoption would terminate your ex-husband's obligation to provide on-going child support, but would not absolve him of past support arrearages.
You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
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