Conn v. Ingram, Ky COA, Adult Adoption, Residency

CONN v. INGRAM
ADOPTION RESIDENCY REQUIREMENTS
2007-CA-002255
PUBLISHED: AFFIRMED
PANEL: NICKELL PRESIDING; CAPERTON AND KELLER CONCUR
COUNTY: MENIFEE
DATE RENDERED: 4/24/2009

Dad appealed from TC order dismissing his petition to adopt his adult natural born Daughter because he failed to satisfy the residency requirement stated in KRS 199.470(1). Dad claimed that the statute’s residency requirement applied to Daughter, not to him.

CONN v. INGRAM
ADOPTION RESIDENCY REQUIREMENTS
2007-CA-002255
PUBLISHED: AFFIRMED
PANEL: NICKELL PRESIDING; CAPERTON AND KELLER CONCUR
COUNTY: MENIFEE
DATE RENDERED: 4/24/2009

Dad appealed from TC order dismissing his petition to adopt his adult natural born Daughter because he failed to satisfy the residency requirement stated in KRS 199.470(1). Dad claimed that the statute’s residency requirement applied to Daughter, not to him.

Dad’s petition for adoption stated that he was a resident of Missouri and Daughter a resident of Kentucky. An adult may be adopted in Kentucky under the same laws for adoption of a child, with the exception that only the adult’s consent is needed. Kentucky’s adoption law provides that the person filing the petition must be a resident of Kentucky for one year prior to filing the adoption petition. Dad argued that this residency requirement is relevant only to the adoption of minors. CA disagreed, holding that the residency requirement stated in KRS 199.470(1) applies to all adoptions and recognizing that the Kentucky Supreme Court had previously stated that the residency requirement of the adoption statute must be strictly enforced.

Digested by Michelle Eisenmenger Mapes, Diana L. Skaggs + Associates

Recent Posts

Kentucky Court of Appeals affirms finding that Warren County Family Court properly found that a Power of Attorney for Temporary Delegation of Parental or Legal Custody and Care Pursuant to KRS 403.352 and KRS 403.353 does not require a family court to grant custody of a minor child to the parent’s named power of attorney when there is a finding of neglect of the parent – Published Opinion from Kentucky Court of Appeals
June 27, 2022
Kentucky Court of Appeals reverses and remands finding by Boyd County Circuit Court that a Grandmother and Uncle of a minor child lacked standing to pursue custody – Published Opinion from Kentucky Court of Appeals
June 27, 2022
How do I dress for court?
June 21, 2022