Legal Question in Family Law in Georgia

I divorced in Palm Beach County, Florida. I have a son that does not receive court ordered child support from my ex-husband and he has not paid child support in over a year. The State has suspended his driver's license, fishing license, and attempted to garnish his wages, etc. My ex-husband has no contact with our son, and has not contacted his son in over 2 years. My son and I are legal residents of Georgia now. I want to remarry and my fianc� wants to legally adopt my son and give my son his last name (he's been raising him with me). I'm confused with what State should to file a Termination of Parental Rights in - my state of Georgia, or my ex-husband's state of Florida where the child support action/divorce occurred? Would terminating my ex-husband's parental responsibilities be the correct route to take, and then remarry? Or, please let me know your thoughts. Thank you.


Asked on 10/03/12, 8:00 am

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

What you suggest is exactly the wrong thing, and you CANNOT terminate rights outside of an adoption.

The adoption cannot happen before marriage unless you give up all rights to your child.

What you do is to get married first and then your new spouse can file to adopt. Part of the adoption involves termination of rights. All of this happens in Georgia and requires counsel. If you are in or near Atlanta, after your marriage, call me at 404-768-3509 for assistance.

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Answered on 10/03/12, 8:04 am


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