Legal Question in Family Law in Georgia

My daughter's father has never really been in the picture. He was granted joint custody in June 2012. He has not seen or asked about our daughter since September 2012. What is the best way to go about getting his parental rights taken away? Should I confront him? (He is very rude and always wants to argue) Or should I go through hiring a lawyer? He hasn't paid any child support since then and from the get go all together is he over $20,000 behind. My husband has always been the father figure for my daughter and she looks to him as her daddy. He would like to adopt her.


Asked on 8/14/14, 5:39 pm

1 Answer from Attorneys
Tahira Piraino Tahira P. Piraino

The father has the right to visit, he isn't ordered to visit. It is unfortunate he doesn't want to visit, but there is really nothing you can do to make him be interested. The court is hesitant to terminate parental rights except in the adoption process. The law is both parents are to support their child. Your option is to hire an attorney and file for contempt or, you may want to go to your Magistrate court and make and application for an abandonment warrant. If a parent fails to support a child for over 30 days, it is considered abandonment. You may at least want to meet with and speak with an attorney to consider the best avenue to take. I also suggest you immediately have a will drafted. The father would have the right to be the child's guardian if something were to happen to you. However, if he continues to refuse to have a relationship, the court would consider someone you named to be the child's guardian.

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Answered on 8/15/14, 6:14 am


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