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.
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?
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I wish you the best of luck,
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.
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?
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