My daughter has a 3 year old son and the biological Dad hasn''t seen him since he was 2 and is not paying child support as court ordered and has never asked for visitation rights. She is now dating a young man that is very interested in adopting her son and they are talking about getting married. What steps does she have to do to get the biological Dad to sign over his parental rights and not be responsible for anymore child support?
Optional Information: Macon, GeorgiaAlready Tried: tried getting child support paid as court ordered, with nothing happening. this is my first try here.
Thanks for your question. You would need to obtain a lawyer to prepare a voluntary relinquishment of parental rights for the dad to sign. The lawyer would then file a termination and adoption petition to accomplish this matter.
You then after a waiting period appear before a family judge and have a short adoption hearing. It can be a fairly simple process if he is agreeable. Often they due this in return for you not enforcing his past due child support. I hope the web site below will give you information and some lawyer names if you need them. Good luck..
http://www.georgiaadoptionlawyers.com/faqs.cfm
We do NOT want the biological Dad to know that somebody is ready and willing to adopt because he is so spiteful, if he knew this, he would definately try anything he could to get the child and he has never had the child in his custody. Like I stated earlier he has never asked for visitation. Now how would we handle the not letting him know about the adaption part?
You can't he has potential righte he has to either waive them in writing or he gets notice, it's called due process. He has the right to know what you are trying to do under the law, no way aorund that..
All we want from him is for him to relinquish his parental rights and when he does that we will make it understood that he is NO longer responsible for any child support. We just want him out of the picture legally. We want this done before the adoption process is started so that he will NOT have any say so or feed back.
You would need a lawyer to prepare a voluntary relinquishment of his parental rights in thematter and have him sign it in front of a notary in the lawyer's office and he would then file the petition and the relinquishment in the family court..RayAnswers39541.002168206
What do we do if he refuses to sign the papers?
Then you could file for a petittion for involuntary termination of his parental rights..
Thank you very much. Let me pass this information on to my daughter and I will let you know if we need any more information.
You're welcome..
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Experience: 29 years as a family law lawyer .