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Reload this Page step parent adoption and termination of parental rights

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  #16  
Old 05-05-2009, 09:14 PM
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Quote:
Originally Posted by Zigner View Post
But that doesn't mean she won't have to try to find him.
Well I will definitely use an attorney because I want everything to be done right. I was just confused because I had completely different advice from 2 different attorneys. As far as finding him, from what I've read, they will try to serve him at his last known address, and if he cannot be served after diligently trying, then, in the state of GA, it can be published in a newspaper of the town of his last known address. I'm sure that's something the lawyer will handle. It just got me really thinking after the one attorney said the only way was for ex to consent to adoption, and that if he didn't consent, my only option was to take him to court for contempt and nonpayment of c/s. That is one thing that is really wrong with the system b/c it is up to me to hire an attorney with money out of my pocket, knowing he will never pay. And the child support enforcement agency here won't do anything for me, except act as a record keeping service, b/c he's in VA and I'm in GA. I just don't want to go through the financial process of hiring an attorney only to be told by the judge he has to consent to it. Thanks so much for all of your replies.
  #17  
Old 05-05-2009, 10:06 PM
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Originally Posted by crazyby5 View Post
As far as finding him, from what I've read, they will try to serve him at his last known address, and if he cannot be served after diligently trying, then, in the state of GA, it can be published in a newspaper of the town of his last known address. I'm sure that's something the lawyer will handle.

This is correct, but be prepared at the hearing for the judge to ask more questions about not knowing his whereabouts.

The question of, "Do you have any contact with his family members?", or "Did you let the family members know that you were trying to find him for the purpose of terminating his parental rights?"

You want to be able to answer these questions with 100% honesty. Again with a notice of publication step parent adoption, you need to have all of your I's dotted and your T's crossed. You do not want to give your ex any opportunity what so ever to come back and give any reason to contest the adoption.

The reason the second attorney may have mentioned needing the consent (although not true) is because notice of publication adoptions are a last resort. Most times, one could find their ex with enough work and prodding, and judges know this.

Have you tried an internet detective website?
  #18  
Old 05-05-2009, 10:42 PM
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Originally Posted by MominCarolina View Post
This is correct, but be prepared at the hearing for the judge to ask more questions about not knowing his whereabouts.

The question of, "Do you have any contact with his family members?", or "Did you let the family members know that you were trying to find him for the purpose of terminating his parental rights?"

You want to be able to answer these questions with 100% honesty. Again with a notice of publication step parent adoption, you need to have all of your I's dotted and your T's crossed. You do not want to give your ex any opportunity what so ever to come back and give any reason to contest the adoption.

The reason the second attorney may have mentioned needing the consent (although not true) is because notice of publication adoptions are a last resort. Most times, one could find their ex with enough work and prodding, and judges know this.

Have you tried an internet detective website?
I have his parents address and phone number, but they are not in contact with the children either. They will not tell me his whereabouts because he owes lots of money to lots of different people. He has always been self-employed and purposely didn't take a city job 5 or 6 years ago b/c then his wages could be garnished for c/s as well as what he owes the IRS. At that time, he even lived with his parents and had everything in his wifes name only so nothing could be touched. I'm sure he could be found with enough searching (kind of hard these days not to be found), it's just would a judge terminate rights solely on the facts of no support or contact for over 2 years. He has never been in prison (that I know of) like some other posts I've read. Also, I never told the lawyer I didn't know where he was, just that he probably wouldn't relenquish his rights and he said the only way to do a step parent adoption in GA was if the n/c parent consented to the adoption. (And this is the lawyer that domesticated my divorce in GA and modified the terms of support and visitation).
  #19  
Old 05-06-2009, 09:29 AM
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Yes a judge would terminate based on no contact and no child support in 2 years. Most states the limit is 6 months - a year. You are well over the limit.

I have no idea why an attorney would tell you otherwise.
  #20  
Old 05-06-2009, 09:35 AM
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Originally Posted by MominCarolina View Post
Yes a judge would terminate based on no contact and no child support in 2 years. Most states the limit is 6 months - a year. You are well over the limit.

I have no idea why an attorney would tell you otherwise.
Are you a practicing Attorney in Georgia? Perhaps the PRACTICING ATTORNEY understands the court system and Judges that the PRACTICING ATTORNEY deals with every day and KNOWS the likelihood of a TPR being done in OP's situation.

YOU can't say definitively what will happen. Stop.
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  #21  
Old 05-06-2009, 02:41 PM
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Obviously, by my name I am not a practicing attorney in GA.

Grounds for terminating ones parental rights in GA is no financial support, and no contact for 6 months.

No where in GA law does it state that a step parent adoption can not be awarded unless the other parent consents. So yes I am telling her that the second attorney is WRONG. If the OP has not given us the correct information, or has mentioned something to the second attorney, but has failed to mention it here, then MAYBE yes the second attorney was correct.

I am basing my responses on what all the OP has posted here.

OP replace the wording on my post from WOULD to COULD. A judge COULD terminate parental rights based on 6 months no support, no contact.
  #22  
Old 05-06-2009, 02:50 PM
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i'm actually curious. does OP even know for a fact dad is ALIVE?
  #23  
Old 05-06-2009, 02:53 PM
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Quote:
Grounds for terminating ones parental rights in GA is no financial support, and no contact for 6 months.
Now kindly post where the statutes state that the judge MUST grant TPR if no support and no contact has occurred within 6 months.

You missed the point. Just because OP might have legal grounds, that does NOT mean that she will be awarded what she seeks. Perhaps, the atty in GA is aware of how the courts tend to rule. You, on the other hand, have no grounds to say that the atty is wrong. You don't and can't know.
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  #24  
Old 05-06-2009, 02:54 PM
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Originally Posted by IsabellaSoriano View Post
i'm actually curious. does OP even know for a fact dad is ALIVE?
Yeah, that's what I was getting at before. OP believes he is hiding from the IRS
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  #25  
Old 05-06-2009, 03:04 PM
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Originally Posted by MominCarolina View Post
OP replace the wording on my post from WOULD to COULD. A judge COULD terminate parental rights based on 6 months no support, no contact.
Mommyof4: I believe that I have already corrected myself.

The second attorney told her that he MUST consent. Show me the laws in GA that state that.

Based on GA laws yes the attorney is wrong, again unless the OP told her attorney something that she hasn't shared with us.
  #26  
Old 05-06-2009, 07:17 PM
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I'm the OP...the first attorney I contacted actually domesticated my divorce in GA, but he does not specialize in adoption, he is a small town attorney that kind of does it all. The 2nd lawyer I contacted specializes in adoptions (that is all her practice does, all kinds of adoptions), and has done so for 20 years. She seemed very confident in the case, esp. the fact of no contact or support for over 2 years. I have consultations with 2 other attorneys tomorrow who do alot of family law to see what they say. Hopefully that goes well and it won't be 50/50 again. I told the first 2 the same...we've been married 8 years, ex hasn't had contact or paid support in well over 2 years. I know where his parents are but not him and also that he would not consent because he's vindictive and is not thinking of the children. As far as my ex, I know 3 years ago he was living with his parents, girlfriend and daughter. All of his bank accts and cars and everything was in other's names so they couldn't be taken for bad debts (he told me this himself). I also know he owes well over 50,000 to the IRS (told to me by my attorney during modification of court order 3 years ago). I have talked to his mom and her response is its between us, and says she'll give him the message but he never calls. I'm sure if he were not alive he would tell me so. I also know the statutes in GA is a year or more is grounds for TPR, but that doesn't mean it will be granted. I just wanted opinions of people who've been in my shoes and what their experiences were. Sorry this is so long, just wanted to address any questions.
  #27  
Old 05-06-2009, 07:20 PM
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Quote:
Originally Posted by MominCarolina View Post
Mommyof4: I believe that I have already corrected myself.

The second attorney told her that he MUST consent. Show me the laws in GA that state that.

Based on GA laws yes the attorney is wrong, again unless the OP told her attorney something that she hasn't shared with us.
Yes, the hometown lawyer said a step parent adoption could not be done at all without the consent of n/c parent and my only options were to take him to court for contempt and non payment and also to get visitation modified.
  #28  
Old 05-07-2009, 10:28 AM
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Originally Posted by crazyby5 View Post
Yes, the hometown lawyer said a step parent adoption could not be done at all without the consent of n/c parent and my only options were to take him to court for contempt and non payment and also to get visitation modified.
You mean, the one who is familiar with the local procedures and the way things are done at the local courthouse? The one who would know how the judges decide on matters (generally)?
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #29  
Old 05-07-2009, 10:37 AM
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Quote:
I have talked to his mom and her response is its between us, and says she'll give him the message but he never calls. I'm sure if he were not alive he would tell me so
I'm hoping that was a typo...right, OP?!
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  #30  
Old 05-07-2009, 11:06 AM
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Originally Posted by Dogmatique View Post
I'm hoping that was a typo...right, OP?!
i REALLY REALLY hope so. i would NOT appreciate an ex coming by to let me know he was dead.
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