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  #1  
Old 09-05-2007, 11:59 AM
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Join Date: Sep 2007
Posts: 3

Adoption help needed.


What is the name of your state? Georgia

My oldest son who is 15 y/o has asked my fiance to adopt him. The situation is this: My son's biological father has been in prison since he was 3 weeks old. and doesn't come up for parole again until 2010 and chances are he probably won't get out (at least I hope not). If this makes any difference he's in there for murder and recently during visitation threatened to kill his own sister and he threatened this in front of our son. His biological father "claims" that he was provoked into making that threat but regardless if he was or wasn't he should have never said it. I had no idea my son wanted my fiance to adopt him and I think after this last visitation my son has finally just had enough of his biological dad. I or my son has never asked his biological father to give up his rights but in the past he's pretty much made it clear he will never do so no matter what.

I know we need an attorney but I have some questions if anyone could please answer them....

What does something like this generally cost?

Does my son's biological father have to sign his rights over?

If the biological father does have to sign his rights over what if he refuses to do so?

Do me and my fiance have to be married first before we can even begin to try to start this process?

Anything else you might be able to tell me regarding this process would be greatly appreicated.

TIA!!!
  #2  
Old 09-05-2007, 12:06 PM
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Join Date: Jan 2005
Posts: 14,775
You're in a pretty good position, IMO.

Here's a link to the grounds for termination of parental rights in GA:
[url]http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-georgia/article/8454/1.html[/url]
One of the grounds is: Felony Conviction/Incarceration

I'm not sure about GA laws/procedures, but you'd definitely need an attorney anyway. Usually you would be required to be married for over a year (shows stability & commitment) for a stepparent to adopt.

Quote:
Originally Posted by jandyrodax View Post
What is the name of your state? Georgia

My oldest son who is 15 y/o has asked my fiance to adopt him. The situation is this: My son's biological father has been in prison since he was 3 weeks old. and doesn't come up for parole again until 2010 and chances are he probably won't get out (at least I hope not). If this makes any difference he's in there for murder and recently during visitation threatened to kill his own sister and he threatened this in front of our son. His biological father "claims" that he was provoked into making that threat but regardless if he was or wasn't he should have never said it. I had no idea my son wanted my fiance to adopt him and I think after this last visitation my son has finally just had enough of his biological dad. I or my son has never asked his biological father to give up his rights but in the past he's pretty much made it clear he will never do so no matter what.

I know we need an attorney but I have some questions if anyone could please answer them....

What does something like this generally cost?

Does my son's biological father have to sign his rights over?

If the biological father does have to sign his rights over what if he refuses to do so?

Do me and my fiance have to be married first before we can even begin to try to start this process?

Anything else you might be able to tell me regarding this process would be greatly appreicated.

TIA!!!
__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
  #3  
Old 09-05-2007, 12:26 PM
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Join Date: Jan 2003
Posts: 19,155
Also, in order to complete a STEP parent adoption, your fiance will need to first become a step parent. Most states require a minimum of one year of marriage.
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Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #4  
Old 09-05-2007, 12:37 PM
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Join Date: Sep 2007
Posts: 3
Quote:
Originally Posted by Silverplum View Post
You're in a pretty good position, IMO.

Here's a link to the grounds for termination of parental rights in GA:
[url]http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-georgia/article/8454/1.html[/url]
One of the grounds is: Felony Conviction/Incarceration

I'm not sure about GA laws/procedures, but you'd definitely need an attorney anyway. Usually you would be required to be married for over a year (shows stability & commitment) for a stepparent to adopt.
Thank you. I've been looking everywhere to find some kind of info. My fiance & I plan to be married by the end of the year. Wish us luck and thanks again for the info.
  #5  
Old 09-05-2007, 12:37 PM
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Join Date: Sep 2007
Posts: 3
Quote:
Originally Posted by nextwife View Post
Also, in order to complete a STEP parent adoption, your fiance will need to first become a step parent. Most states require a minimum of one year of marriage.
Thank you.
  #6  
Old 09-05-2007, 12:42 PM
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Join Date: Jan 2005
Posts: 14,775
Quote:
Originally Posted by jandyrodax View Post
Thank you. I've been looking everywhere to find some kind of info. My fiance & I plan to be married by the end of the year. Wish us luck and thanks again for the info.
You're welcome. Good luck!
__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
  #7  
Old 09-05-2007, 02:17 PM
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Join Date: Nov 2005
Location: TN
Posts: 1,551
Wait...I didn't see within your post where paternity had been established with the "biological" father. Were you all married or did he sign the AOP when the child was born?
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