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I've been married to someone for 6 years who had a child…

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I've been married to someone...
I've been married to someone for 6 years who had a child before we got married. I'm trying to find out the legal way to get full custody Because her biological father does not play a part in her life
Submitted: 4 months ago.Category: Family Law
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Answered in 1 minute by:
3/13/2018
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 869
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

This is unfortunately a common occurrence and she is ever so lucky to have you in her life. Can you tell me where you are located and I can provide some guidance.

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Customer reply replied 4 months ago
Saint Marys, Georgia but the dad lives in Mobile Alabama
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

So if a father is not involved in Georgia in a child's life and you desire to increase your role in her life, there are steps you can take. I would gather that your wife has custody of her subject to the Father's time. It may in fact be that he does not see her or support her. From your information, it looks like this could be possible.

If this is the case and you want to expand your rights and responsibilities, you could consider adopting her. This would require having the Father's parental rights terminated and that would have to be done through the Georgia Family Courts, but if he is not playing a part - generally not seeing her for extended periods of time or not supporting her, chances are you either do have or soon could have the appropriate grounds. If the grounds exist and you seek to terminate his parental right then you could end those and seek to adopt her in the same action.

I would suggest consulting with a family court attorney and having them assist in putting together a plan so you could establish and solidify a plan to formalize your relationship with a child that you may already be acting in the role of Father.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 4 months ago
Is there a chance that he can rebuttal and win even if he has not played a role in her life. My wife are concerned about that. Can a 11 make a decision by law who she wants to love with.
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

So the nice thing about parental rights in Alabama is that there are three grounds you can take advantage of - failure to visit, failure to support and abandonment. All of these look retrospectively. This is important as it means that if he has failed to support or visit and an action is filed, he cannot change the past. If he starts visiting in the future or supporting in the future, it does not change the past. That is what is important.

Now since you are looking at a termination and best interest the opinion of the daughter would be considered, but, and this is important, it would not control.

Main take away is that if he is not supporting or visiting, then termination would be a very viable option. He may object, but no amount of objections will make up for a failure to visit or support.

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