Florence Adoption Lawyer

The adoption process involves complex legal procedures that vary depending on the circumstances, including the adult’s prior relationship with the child. Understanding these requirements is essential for a successful adoption. Consulting an experienced family attorney helps navigate challenges and ensures a smoother process.

Hiring an attorney during the adoption process ensures that you follow applicable Commonwealth laws. Speaking with a Florence adoption lawyer early provides the guidance you need to navigate legal requirements and move forward with confidence. 

When is an Adult Eligible to Adopt?

A person seeking to adopt a child must file a petition for adoption. The Kentucky Revised Statutes § 199.470 details the eligibility requirements for adoption. An adult can only adopt a child if:

• They are at least 18 years old
• They have resided in the Commonwealth for 12 months.

If the person seeking to adopt a child is married, they must file a joint petition for adoption. The law exempts this requirement if the spouse is the child’s biological parent.

According to KY Rev. Stat. Ann. § 199.500, courts require the biological parents’ consent to grant an adoption unless an exception applies. The only exceptions to this rule are:

• A court declares the parents mentally disabled
• A court terminates parental rights for both parents
• No biological parent establishes their parental rights
• A court terminates the parental rights of one parent, and the custodial parent consents

If the child is 12 or older, they must also consent to the adoption. Courts may waive this requirement at their discretion. A Florence attorney can advise prospective parents on the adoption factors courts consider in their situation.

Different Types of Adoptions

There are different types of adoptions depending on the circumstances. For example, an independent adoption occurs when the birth parent places the child directly with an adoptive parent, whether a relative or non-relative.

Prospective parents can also pursue a domestic adoption, which involves working with an adoption agency to find a child to adopt 

Stepparents can seek to adopt the biological child of their spouse. These cases require consent from the biological parents and agreement from the former spouse to terminate their parental rights.

Many stepparents form a close, loving relationship with their partner’s child. Through adoption, a stepparent can secure parental rights, such as custody or visitation, which may become critical in the event of a divorce from the biological parent.

A Florence lawyer can help you determine the appropriate adoption process for your family’s unique circumstances.

Adoption Must Consider the Best Interests of the Child

When a court reviews an adoption petition, they will primarily consider what is in the best interests of the child. The factors that a court must consider are outlined in KY Rev. Stat. Ann. § 620.023. outlines the factors the court must consider. Some factors that the court will consider are:

• Acts of domestic violence or abuse
• The prospective parent’s mental illness or intellectual disability
• Whether the parent has disabilities resulting in a guardianship
• Substance abuse problems that lead to the parent’s inability to provide care
• Whether the prospective parent committed acts of child abuse against any child

Courts will also consider any rehabilitative efforts by the prospective parent to address these issues. An attorney in Florence can advise a prospective parent about the best evidence to show the adoption is in the child’s best interest.

Consult With a Florence Adoption Attorney Today

Adoption can help a child find a stable home environment and eliminate confusion about a non-biological parent’s custody or visitation rights. There are a wide range of issues you must consider during the adoption process depending on your specific family situation. 

Please contact an experienced Florence adoption lawyer immediately if you have questions or are preparing to go through this process. Our legal team has decades of experience assisting with family law matters and will work aggressively on your behalf.