Step-Father Adoption Law After Biological Father Abandons Child for 5 Years

[Nichole24]

My question involves adoption law for the State of: Kentucky
The biological father of my 6 year old son has not see or spoke to my son since he was 1 year old. He has never paid any support, and has had no contact with me in years, by his own wishes. I tryed last year to contact him to ask him to give up his rights and allow my husband (only dad my son has ever known) to adopt my son. He refused. Now my son is in school and has asked if he can have my husband and I's last name (he does not know my husband is not his father, so doesnt understand why his name is different). We would like for my husband to adopt my son, but Im afraid the bio-father will refuse to give up rights. My question is : Will the courts allow the biological father visitation after all these years of abandonment if he refuses to give up rights and says he now wants to see the child? I feel it would traumatize my son (at only 6yrs old) to find out his "dad" (my husband) isn't really his dad. And how do I go about trying to file papers to get the adoption process started? Can the bio-father's rights be taken away because of the abandonment of 5 years? Please let me know as soon as possible, thanks for your help.

[Neal1421]

My question involves adoption law for the State of: Kentucky
The biological father of my 6 year old son has not see or spoke to my son since he was 1 year old. He has never paid any support, and has had no contact with me in years, by his own wishes. I tryed last year to contact him to ask him to give up his rights and allow my husband (only dad my son has ever known) to adopt my son. He refused. Now my son is in school and has asked if he can have my husband and I's last name (he does not know my husband is not his father, so doesnt understand why his name is different). We would like for my husband to adopt my son, but Im afraid the bio-father will refuse to give up rights. My question is : Will the courts allow the biological father visitation after all these years of abandonment if he refuses to give up rights and says he now wants to see the child? I feel it would traumatize my son (at only 6yrs old) to find out his "dad" (my husband) isn't really his dad. And how do I go about trying to file papers to get the adoption process started? Can the bio-father's rights be taken away because of the abandonment of 5 years? Please let me know as soon as possible, thanks for your help.

Was he ever legally determined to be the father of the child? Is there an order for support?

If he is declared the legal father and files for visitation, yes the judge can order it. It will likely be gradual as the child does not know him, however he will get visitation.

Why would you lie to your child all of these years? You have set him up to be traumatized by doing so.