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Can the father of children make me give him custody of our oldest child or give up our youngest child for adoption?

Augusta, GA |

I have an almost 3 year old son and another baby due in June and the father's plans are for A- to give up our unborn child for adoption and I just keep the oldest child or B- give him our oldest son and he has him totally and he either gets sole- custody or joint-custody of our son and I just keep our unborn baby. I don't trust him cause he just has this other devious female in his life and I don't feel safe allowing him to even take our son anywhere especially around her. He told me if I keep both children that there will be problems and that he will never speak to me nor forgive me ever in life again. He just started saying this stuff since he met this chick recently now shes been putting this in his head to do and say all this stuff now.

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Attorney answers 1


The first thing that you should know is that parental rights are given a very high level of deference in the United States and in Georgia in particular. Generally, your rights as the legal mother of your children will not be taken away from you unless you have abused, neglected or abandoned your children. Even in the case of when DFCS removes children from your home because of abuse, neglect, or abandonment, the Department will work toward getting you services such as parenting classes, etc, in order to try to reunify the children with you.

Additionally, as a legal mother, you cannot be forced to surrender your children for adoption. Surrender of parent rights in Georgia is a voluntary decision that people can make when they are deciding that adoption is in the best interest of their child because they feel that they cannot parent. Surrendering your child is not something that you can be forced into doing. The court could terminate your parental rights based on abandonment if you have not communicated, supported or seen your child in over a year. Since that does not seem to be the situation in your case, I would highly suggest that you talk with an attorney to make sure that you protect your rights to your children if you are not interested in making an adoption plan.

If you would like to discuss this in more detail, I would be happy to talk with you. My office is located in Marietta, Georgia and we concentrate on adoption law. You can also find a list of other experienced Georgia adoption attorneys through

Good luck!

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I am licensed to practice solely in Georgia, and do not intend to give legal advice or create a lawyer/client relationship. Please consult an attorney in your state for detailed advice on your legal question.



He hasnt been in our 3 year old life until the later part of last year but now he thinks he knows him so much that he can take him on since he met this other person he has been awful towards me now