My son's father has not been in life and I want to know if anyone knows how I can terminate his paternal rights so my husband can adopt him.. i live in Georgia.. any advice?
2006-09-01 07:14:29 · 5 answers · asked by Mz J 2 in Family & Relationships ➔ Other - Family & Relationships
I forgot to add that he does pay child support however.
2006-09-01 07:19:38 · update #1
if he gets his rights terminated and my husband adopts him, can i change my son's last name? if i can, would it be my maiden last name or my married one?
2006-09-01 08:12:35 · update #2
if he gets his rights terminated and my husband adopts him, can i change my son's last name? if i can, would it be my maiden last name or my married one?
2006-09-01 08:12:36 · update #3
Your sons dad will have to sign over his rights.
2006-09-01 07:18:32 · answer #1 · answered by Rachel Bitchface 5 · 0⤊ 0⤋
First is the biological father on his birth certificate?
If he's not then all you have to do is you and your husband go to the court house in your county and talk to the probate judge, tell him your husband is your child's father and you weren't married when you had your son and his name didn't get put on the birth certificate and now you two want it on there. (I know its a lie,) but I had a friend that did it and it worked they didn't have to go through the adoption process or have a long drawn out deal.
But if your child's fathers name is on the birth certificate, then your husband will have to hire an attorney, he will petition the court, they will put a notice in the local paper for 6 weeks and if your ex husband dosent protest then the judge signs the order and a new birth certificate is issued.
If you child's father is willing to let this man adopt your son then he can sign his rights away in front of the probate judge. This would be alot faster.
But if he comes forward and dosent want to sign his rights away then the judge has to determine if he's a good father or not and deserving of his rights or not.
2006-09-01 14:26:36 · answer #2 · answered by bree30 4 · 0⤊ 0⤋
Contact a family law attorney. The father may be happy to relinquish his rights which would terminate his child support payments. In which case, it would make the whole case faster, easier and cheaper because it would be uncontested. Find a local family law attorney to do the paperwork, and contact the father first to make sure he would agree. If not there's no point in wasting your money. The attorney would be the way to go, they can do the termination and the adoption papers.
2006-09-01 14:25:43 · answer #3 · answered by rdnkchic2003 4 · 0⤊ 0⤋
hire an attorney, but most states will allow you to terminate parental rights for someone not paying financial support for over a year, and non-visiting so check with a lawyer. There are plenty of organizations around that can help you pro bono so check with your local bar association if you can't afford an attorney. Good luck!
2006-09-01 14:17:48 · answer #4 · answered by miscalaineous 2 · 0⤊ 0⤋
if you get your ex to terminate paternal rights, he no longer has to pay chid support.
you are going to have to decide which you like best, your husband or the money your ex sends.
2006-09-01 14:23:58 · answer #5 · answered by Forever Looking 5 · 0⤊ 0⤋