Legal Question in Family Law in Georgia

custody and adoption laws

I relocated about 6 months ago from PA with my six year old son. His biological father was not actively involved in his life before we moved here and has still not attempted to contact him. There has never been court ordered custody or visitation set up. His father also does not pay child support. My husband has my son covered under his health insurance and since I'm a homemaker is the sole provider for our family. We would like to file for custody and terminate the biological father's rights, so my husband can adopt my son. We feel this would be in my son's best interest since his biological dad has basically abandoned him. We weren't sure if PA or GA would have jurisdiction over this case so we don't know where we need to file and what the laws are concerning custody and involuntary termination of parental rights. (so my husband can adopt my son. Any information is appreciated. We just don't know where to begin. Thank You.


Asked on 7/12/04, 11:55 pm

2 Answers from Attorneys
Stephen Worrall The Manely Firm, P.C.

Re: custody and adoption laws

Georgia would be the appropriate jurisdiction for a stepparent adoption after you and the child have resided here for more than six months. The termination of the biological father's rights is handled as part of the adoption case and can be granted if the biological father has not supported the child for over twelve months or has not communicated with the child for over twelve months.

I note from your ZIP code that you are in the Ludowici area. My office is in Marietta, outside Atlanta so we would be unable to assist you ourselves, but if you need the name of a good attorney in that area, please contact me for a referral.

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Answered on 7/13/04, 8:53 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: custody and adoption laws

Once you have been in Georgia six months you could file here. In Georgia termination is part of the adoption process; it is not a separate procedure.

Adoption is far simpler and cheaper if the bio-dad signs consents, and since he could be jailed or pursued for non-support he may see consent as a way out. Adoptions can be done without consent if the court finds cause to terminate parental rights.

Adoptions are very technical and require an experienced attorney. If you are near our office you may want to contact me at 404-768-3509 to discuss this further. We're located near the Atlanta airport.

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Answered on 7/13/04, 12:02 am


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