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Can I give my children up for adoption to their father. They already live with him and I pay child support.

Marietta, GA |

I actually pay so much in child support that I am unable to take care of my basic necessities. I am unable to spend time with them and I make no decisions regarding their lives. They live out of town.

Attorney Answers 4

  1. Based on the facts presented, there are multiple issues to be dealt with that are not well discussed in this type of forum. I strongly advise that you speak with a family law attorney. Generally, depending on your situation, you may not legally be able to allow your children's father to adopt them (that's assuming certain issues such as paternity, legitimation, custody, etc., have already been established). Notwithstanding, you may be able to initiate a termination of parental rights case, and have the father be designated as the person to whom all custodial rights, duties, etc., are to go. Good luck.

  2. I have to agree with my colleage to the extent that this matter can be highly complicated. I'm a little confused as to how the children's father would need to adopt them. Does he have a new wife and she would be the adoptive parent?
    You must know that simply surrendering your rights most often does not result in an end to your child support obligation. Have you considered modifying your child support?
    I would be happy to discuss this with you in any detail - feel free to contact me at

    I wish you the best of luck,
    Doug Hassinger

  3. The only way for your children's father to pursue an adoption (and thereby allow you to surrender your rights) would be for him to have a spouse interested in adopting. Georgia law does not permit you to surrender your rights unless there is another person assuming responsibility for the child as part of an adoption plan.

    A better approach may be for you to discuss your situation with a domestic relations lawyer and determine whether you have any basis to modify child support.

    The information contained in this response is not, nor is it intended to be, legal advice. Neither Neal & Wright LLC nor its attorneys have created an attorney-client relationship with you by responding to your question. The attorneys of Neal & Wright LLC ethically cannot agree to represent you until confirming that there are no conflicts of interest and obtaining information about the specific facts of your case.

  4. I'm confused. If he's the father and has custody he can't adopt. Could you mean that he is married and his spouse wants to adopt?

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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