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Termination of parental rights

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mom2J

Member
What is the name of your state?What is the name of your state? Georgia.

I have permanent custody of a relative's child and have for over a year. The child was in the foster care system and DHR was in the process of terminating parental rights. We as family, contacted them and sued for custody of the child. We got it and the child is now out of the foster care system. Is there a legal way to have the birthparent's voluntarily give up legal rights to this child? Birthmom knows the child is well-cared for, loved, and is in a stable home. She is in agreement to allow us to adopt this child. How do we proceed? Do we just hire an attorney to adopt? We aren't wealthy people and can not afford high priced attorneys to do this. We really need to do this as inexpensively as possible. Any advice would be greatly appreciated.

Thank you,
Mom2J
 


VeronicaGia

Senior Member
Where is the child's father? The father's rights would have to be terminated also, and if they haven't been established yet, this is going to be a long road.
 

mom2J

Member
Thank you so much VeronicaGia for your response,

The birthfather signed the birth certificate and acknowledged this child as his. He's been out of the picture for over 2 & 1/2 years. When the child was in foster care, he was allowed supervised visits, IF he passed a court ordered drug test before each visit, but refused to take even the first one. He decided to walk away instead. He hasn't seen nor communicated with the foster care system, mother, or child, since. I know what city he last lived in, but not even sure if he's still there.

Another question... We live in Georgia, the birthmother lives in another state, and the birthfather lives in yet another. Will this affect things also? We just really don't even know where to start or what to do.

Thank you,
Mom2J
 

VeronicaGia

Senior Member
Then your first step is to get an attorney. Both of the parents rights will have to be terminated, not just moms. Both parents have the right to due process.

Why not contact the DHR and find out if they ever completed terminating the parental rights of both parties? See if you can get some information from them.
 

mom2J

Member
I have zero problems with the bioparents having due process, because that is their rights and I do not want to tread on them.

DHR was extremely uncooperative. (During the custody process, they lied through their teeth about many things and had to come clean in court.) They've told me, (and I'm quoting) "The parents are no longer OUR problem, they're yours".

The birthmom is wanting the adoption of the child and has volunteered to sign for us to adopt. My original question, is there a way we can legally do this with her consent and as cheaply as possible? (We have been trying to locate the birthfather, but so far, no luck. We're still searching though.) We are in an open-adoption type arrangement. We want the child to know who they are and know them. We are just so afraid of the HUGE legal fees involved and want to try to do as much as possible before having to hire the attorney. Is there paperwork we can complete and do prior to an attorney to make it as reasonable as possible?

Thanks,
Mom2J
 

LdiJ

Senior Member
mom2J said:
I have zero problems with the bioparents having due process, because that is their rights and I do not want to tread on them.

DHR was extremely uncooperative. (During the custody process, they lied through their teeth about many things and had to come clean in court.) They've told me, (and I'm quoting) "The parents are no longer OUR problem, they're yours".

The birthmom is wanting the adoption of the child and has volunteered to sign for us to adopt. My original question, is there a way we can legally do this with her consent and as cheaply as possible? (We have been trying to locate the birthfather, but so far, no luck. We're still searching though.) We are in an open-adoption type arrangement. We want the child to know who they are and know them. We are just so afraid of the HUGE legal fees involved and want to try to do as much as possible before having to hire the attorney. Is there paperwork we can complete and do prior to an attorney to make it as reasonable as possible?

Thanks,
Mom2J
If you don't know where he is and he meets the guidelines for abandonment (and it sounds like he does) you may be able to involuntarily terminate his parental rights....you may also be able to serve him via publication. However this is one of those things that goes MUCH more smoothly if you have an attorney.
 

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