Legal Question in Family Law in Kentucky

Termination of Fathers rights

My ex-husband wants to terminate his rights. He hasn't seen the child or paid support in five years. I am remarried and my husband wants to adopt my child. Where do we start? And if my ex changes his mind will it matter?


Asked on 9/10/08, 9:13 am

2 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Termination of Fathers rights

If there was actually a judgment entered terminating your ex's rights, voluntary or otherwise, then he has no grounds to object to an adoption.

Your current husband needs to file a petition to adopt your child and comply with all the requirments of Kentucky Revised Statutes in Chapter 199. It can be convoluted so it is not something I recommend to attempt without legal counsel.

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Answered on 9/10/08, 12:49 pm
Thomas McAdam Thomas A. McAdam, III, Attorney

Re: Termination of Fathers rights

Kentucky courts will not allow a natural parent to terminate his or her parental rights unless another person is willing to adopt the child. In the case you describe, you need to retain the services of a Kentucky attorney who will file an adoption case on behalf of your new husband. You will sign a document, agreeing to the adoption, and the child's father will sign a document agreeing to terminate his parental rights in favor of your new husband. This is called a "step-parent adoption," and inspectors from the state's Cabinet for Families & Children are usually not involved. Most Kentucky judges will, however, appoint a Guardian Ad Litem: an attorney who will file a report with the court verifying that the adoption is in your child's best interests.

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Answered on 9/10/08, 12:50 pm


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