Legal Question in Family Law in Georgia

Grandparents vs birth parents

My brother and his girlfriend both lost custody of their daughter to the state at birth because they were both drug addicts. My parents fought and regained the child and are now her legal guardians. Birth parents split up, he went to prison and is now married to his other childs mother who is a police officer. Nevermind the fact that she married a convicted felon. Not only have they have filed for custody of the child my parents have been raising for 2 years but they are claiming our stepfather molested her in order to do this. She was taken and tested by DFCS and was found to have NOT been molested. My parents are wanting to adopt her and move away from all of that now, can they? She was never legitimized by him and neither birth parents have rights anymore.


Asked on 3/12/09, 10:24 am

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

Re: Grandparents vs birth parents

Adoptions requite the consent of at least one birth parent (and sometimes both).

The exception would be if the parents parental righhts have been completely terminated (unlikely but possible), in which case the state legally has custody. In those cases the state can choose to release the child for adoption. If this was a possibility the caseworker would have likely told the grandparents so they could obtain a lawyer to file the adoption.

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Answered on 3/12/09, 10:34 am


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