Does paying child support prevent abandonment claims in Kentucky?

Paying child support is not what Kentucky's abandonment period is measured by. Under KRS § 199.502, the period is 3 months, meaning 90 days of no contact can establish grounds for proceeding. How the Circuit Court weighs child support payments alongside contact in a particular case is a fact-specific question. The Circuit Court clerk in your county or an attorney can confirm it for your situation.

What the Kentucky timeframe focuses on. The 90-day period is described in terms of contact between the parent and child. That is why a parent who is current on support can still be part of an abandonment discussion, and why a parent who has had no contact for 90 days may be the focus of one. Whether payments change the outcome is not something to assume either way.

Where this fits in your adoption. For a stepparent adoption in Kentucky, you file in the Circuit Court in your county. The paperwork includes:

• A Petition for Adoption
• Consent forms, or a motion to dispense with consent
• Your spouse's consent to the adoption
• Criminal background checks through the Kentucky State Police for the petitioners

If the other parent will not sign a consent, the motion to dispense with consent is where abandonment typically comes into play. Whether that motion succeeds depends on the facts of your case.

If the other parent is paying support. If your situation involves a parent who pays support but has little or no contact, treat it as a question for a professional. Contested cases and disputed facts are where an attorney is worth consulting. The court clerk can tell you about local procedures and filing details.

If you can't locate the other parent. Kentucky allows service by publication if a parent's location is unknown, after diligent efforts to find them. Otherwise, a sheriff or process server can personally serve the parent.

Other points that may apply to you.

• Kentucky has no waiting period for residents. Non-residents need 12 months in the state (KRS § 199.470).
• A child who is 12 or older has a consent role under KRS § 199.500.
• The home study is waived under KRS § 199.473.
• A stepparent adoption typically takes 3-6 months.
• Court filing fees run $150-$300.

Keep good records. Whatever your situation, write down dates of visits, calls, messages, and payments you know about. Clear, accurate records make it easier to complete your forms and give a judge a factual picture.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You file it yourself, without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, and we offer a 100% court acceptance guarantee. We have helped 501 Kentucky families, and the typical total cost stays under $1,000, compared with $3,000-$5,000+ for an attorney.