Legal Question in Family Law in Kentucky

Re: termination of father's right

Step-parent adoptions cna be difficult and the burden is great on a person seeking to take away another parent's rights in such a situation, but it can be done. Feel free to call me to schedule a consultation.

Re: termination of father's right

The situation you describe is somewhat "iffy" as the statute (copied below) states that abandonment may be cause for involuntary termination of rights, but the term is not defined. In my opinion, your child has been abandoned on a personal level by the father, but the payments of support and medical bills indicate that there is at least not financial abandonment.

Also, you should consider whether the father would voluntarily consent to the adoption.

199.502 Conditions necessary for adoption without consent of child's biological living

parents.

(1) Notwithstanding the provisions of KRS 199.500(1), an adoption may be granted without

the consent of the biological living parents of a child if it is pleaded and proved as part of

the adoption proceeding that any of the following conditions exist with respect to the child:

(a) That the parent has abandoned the child for a period of not less than ninety (90)

days;

(b) That the parent had inflicted or allowed to be inflicted upon the child, by other than

accidental means, serious physical injury;

(c) That the parent has continuously or repeatedly inflicted or allowed to be inflicted

upon the child, by other than accidental means, physical injury or emotional harm;

(d) That the parent has been convicted of a felony that involved the infliction of serious

physical injury to a child named in the present adoption proceeding;

(e) That the parent, for a period of not less than six (6) months, has continuously or

repeatedly failed or refused to provide or has been substantially incapable of

providing essential parental care and protection for the child, and that there is no

reasonable expectation of improvement in parental care and protection, considering

the age of the child;

(f) That the parent has caused or allowed the child to be sexually abused or exploited;

(g) That the parent, for reasons other than poverty alone, has continuously or

repeatedly failed to provide or is incapable of providing essential food, clothing,

shelter, medical care, or education reasonably necessary and available for the

child's well-being and that there is no reasonable expectation of significant

improvement in the parent's conduct in the immediately foreseeable future,

considering the age of the child; [remainder of statute not relevant].