Legal Question in Family Law in Georgia
Another Question
I just posted a question and have another one. Along with the fact that my son's biological father hasn't paid a single penny in child support, but I still let him have him every other weekend, I also have a documented (by my son's pediatrician & photos) case of him ''neglecting'' my son while he was in his care. He had left him in dirty diapers for several hours at a time and the rash was so bad it made me and my mother cry & my son's doctor very upset. My husband has raised my son as his own and I would like to have him adopt my son. The biological father & I have drawn up papers with each of our attorneys, but I haven't heard from mine in almost 3 1/2 months. The biological father ( in his papers) wants the courts to legitimize our son as being his and have his last name changed (even though he was born out of wedlock in Georgia) & didn't include anything about child support in his papers (but my attorney did). Would any of this give a better chance of the courts terminating his parental rights?
1 Answer from Attorneys
Re: Another Question
As I am sure your lawyer told you, if he was visiting regularly, an adoption cannot happen without his consent (he would have had to have failed to pay support AND failed to attempt to visit for a year). As I am sure he also told you, part of the legitimization process is estanblishing child support. The right to receive support belongs to the child, and unless you want to risk losing custody (and again I am sure your lawyer told you this), don't anger a judge by trying to waive that right. Talk to your lawyer (you should be doing that regularly).
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