Abandonment and Adoption

[srains]

What is the name of your state (only U.S. law)? Kentucky
Here is my situation, I was married my husband and I seperated while I was pregnant, When my daughter was almost one our divorce was final, my husband was granted supervised visitation for 3 months (oh I forgot my ex only saw our daughter once until our divorce) before the 3 months was up he stopped coming around. When my daughter was 7 I called him because my daughter was wanting to know about her "Dad" he agreed he wanted our daughter in his life, but that was short lived it only lasted a couple of months. I do get child support it is garnished from his wages. Our daughter is now 11 and my husband of 9 years is who she calls Daddy. For the last two months my daughter has being trying to talk to her biological dad and he has only spoke to her once or twice for a couple of minutes. He tells her he will call her back but doesn't. She wants my husband to adopt her. What are the KY laws on abandonment. And what would be the best way to get the adoption.

 

[CourtClerk]

He's paying support and has had contact with the child. He has not legally abandoned her.

 

[srains]

I don t see how it is considered contact when the child is begging to talk to and to see her father and he only spoke a few words to her and has ignored her since. What is the legal waiting period in KY for abandonment because my daughter went over 4 years and she is the one trying to make contact. He doesnt want anything to do with her.

 

[CourtClerk]

As long as he continues to pay support, no matter whether he calls and speaks to her or not, he will have not LEGALLY abandoned her. Generally, you need at least 1 year of no contact whatsoever, which includes financial support.

 

[Ohiogal]

I don t see how it is considered contact when the child is begging to talk to and to see her father and he only spoke a few words to her and has ignored her since. What is the legal waiting period in KY for abandonment because my daughter went over 4 years and she is the one trying to make contact. He doesnt want anything to do with her.

Then file for a stepparent adoption WITHOUT using abandonment as a ground. Because child support IS contact.

 

[srains]

So how do you go abut doing a stepparent adoption.

 

[Ohiogal]

So how do you go abut doing a stepparent adoption.

Contact an adoption attorney in your area.

 

[jenndga]

If he admits he does not want anything to do with her, then would he be willing to sign away his parental rights? If he does, you won't need the abandonment option.

Alternatively, you can stop the garnishments, stop calling him, and wait it out hoping he doesn't call or send money for a year. Even a $5 bill sent in a birthday card once a year is enough to establish parental contact and maintain parental rights legally, sadly enough.