Legal Question in Family Law in Georgia

My daughter's father and I have not communicated or seen each other since my daughter was about 8 months (2005) in years. Legally, his paycheck is garnished for child support (about $50 a month) because my daughter is one of his 5 children. Long story short, I would like to obtain a passport for my 4 year old daughter, but the consent of BOTH legal parents is required. I don't know where he is or how to get in contact with him. When I try to reach the child support office, they won't offer any information. How can I get around this?

I am also getting married this year (Oct. 2010) and my fiance would like to legally adopt my daughter since he has been her 'father' since before the age of 1 year old. How can his rights be terminated since he hasn't had any contact with me or the child?


Asked on 2/16/10, 3:19 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You do NOT want your fiance to adopt, as that would terminate you as a parent.

AFTER you marry, you may consider it. Since most judges want you to have been married a while, consider moving up the marriage date. Bio-dad, unless you can find him to consent, may pose a problem, as the payment of support, even involuntary, means he has not "abandoned" the child. If he goes for a year without paying at all, and without visiting, then you may have a chance to do the adoption.

The passport problem likely has no quick solution. You might solve it in court, but that would take time and money.

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Answered on 2/21/10, 6:02 pm


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