You hire an experienced adoption lawyer. Whether his rights can be terminated depend in large part of how long he goes without paying support.Ask a similar question
I recommend that you meet with an attorney experienced in stepparent adoption to discuss your options. It certainly sounds like you may have a case to proceed with an adoption, but an attorney can review all the facts and risks with you.
If you'd like to talk with me about your case, feel free to contact me. I offer free initial consultations to discuss the adoption process. You can find a listing of other experienced adoption attorneys at the website for the Georgia Council of Adoption Lawyers. If cost is an issue, you may also want to contact the Atlanta Legal Aid Society's adoption program. Even though you are outside their service area, they may be able to recommend an attorney in your area who could assist you at low or now cost.
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.Ask a similar question
If you are able to show that the biological father has either had no significant contact with the child for one year or has paid no support for one year, you can file a petition for a stepparent adoption without first having to terminate the father's parental rights. Even though he has not legitimated the child, he still has some rights to be terminated, and this can be done by motion within the adoption case. If he is not going to fight you (and the fact that the adoption will terminate his child support obligation gives him incentive not to), the case should be straightforward.
We have handled numerous adoptions in Walton County and would be glad to meet with you for a free consultation to go over all of the facts and options.
The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP email@example.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal LitigationAsk a similar question
All of these folks agreed that you should hire an experienced adoption lawyer for this, and I do, too, but what you wanted to know versus what you should do are different things. First, ask if he'd be willing to surrender his rights to your husband for adoption. The Georgia Code has a required form, and I also describe it on my website at www.merlinusmonroe.com. He probably won't do it voluntary, so then you would have to pursue custody modification along with a judicial termination of his rights, and it sounds to me like you would get your wish as long as it is presented right. Again - hire an attorney experienced with these things.
Good luck to you!
The information contained in this electronic communication and any documents or other files attached to and accompanying this transmission may contain information that is legally protected, including legally-privileged attorney-client confidential communications. The information contained in this electronic communication and any attachments thereto are intended only for the express attention of the recipient named above. The authorized recipient so identified is prohibited from disclosing this information to any other party unless expressly permitted to do so by law or regulation. If you are not the intended recipient of this electronic communication, you are hereby notified that any unauthorized use, disclosure, copying, or distribution of this information is strictly prohibited, and may give rise to legal sanctions. If you have received this information in error, please immediately notify Merlinus Monroe at 678-450-9743 and take action for the return or destruction of this communication. The website of Merlinus Goodman Monroe, LLC, and the receipt or use of information contained therein or accessed thereby is not intended to create an attorney-client relationship, nor does the act of sending an email to Merlinus Monroe or soliciting his opinion without a binding Attorney- Client Agreement in place create an attorney-client relationship. Users of this site should not act or refrain from acting based upon information obtained from the website without also seeking professional counsel and legal representation regarding the specific facts and circumstances at issue in their individual case. This user does not accept, nor may this e-mail address be used for, electronic transmission of service of pleadings or process. All pleadings and process must be served physically, by either personal service or by mail delivered to Post Office Box 2686, Gainesville, Georgia 30503.Ask a similar question