Legal Question in Family Law in Georgia
My ex husband almost never pays child support & I have full custody of my daughter. I divorced my ex when our daughter was a few months old & the man I'm married to now wants to adopt her since he's been her father since she was 1yr old (shes now 7). My daughter has never met my ex husband or knows that my current husband isn't her real father. My question is, because he makes no real effort to support her in anyway unless by force (CS inforcment) could I take him to court & have the judge make him sign over his rights so that my husband can adopt her in exchange for him not having to pay back what he owes in child support? He's also got 2 other children, one of which he also doesn't pay child support for. Hope someone can help!
1 Answer from Attorneys
The judge can't make him sign anything. However, you may be able, as part of an adoption, to get his rights terminated based on the facts you give. Generally he must go for one year with no child support and no attempt to see the child.
Note that the adoption will NOT erase the past child support, so you're free, even after termination, to collect it.
Your first step - hire an experienced adoption attorney.
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