Legal Question in Family Law in Georgia

My husband and I were awarded guardianship to two children by thier biological grandmother. Here son is thier biological father. We have had them for two years with hopes in eventualy adopting them. niether of the biological parents have provided any support with little to no contact. We have not seen the mother since we got them and the father has contacted us 4 times in two years to see them. The grandmother now wants us to adopt them and the entire biological family supports that except the father. Needless to say it will be contested. We have consulted an attorney and have found that it will be very expensive to do a contested adoption. My husband has been out of work since October and we are not in the financial situation to proceed with the adoption. My question is: Is there any way that we can get thier parental rights terminated with out the high cost so that we will only have to proceed with the adoption.

Thanks and God bless


Asked on 3/17/10, 3:47 pm

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

You likely CANNOT as I read the statute file an adoption without the mother's consent (or maybe the father's if he ever legitimated the children and have custody). A parent has to release the child to you.

A possible way around that is to call in DFCS. That is very risky as they would seek custody and termination if they feel that should happen, but they could place the children elsewhere.

When something isn't broken and there isn't a good legal solution, you could have a disaster doing what you want to do. Leaving well enough alone might be smart. Bear in mind I don't have all the background I need, but from what you posted, it sounds like you probably can't proceed.

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Answered on 3/22/10, 7:52 pm


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