Legal Question in Family Law in Georgia

Terminating Parental Rights/ Stepparent Adoption
I got divorced almost a year ago and have a 3 year old daughter from my previous marriage. My ex-husband never came to court and I have sole custody. Visitation is also at my discretion. He moved out of state before the divorce even occured and has only paid one half of a month's child support payment last May. I know that after one year of not paying, I can have his rights terminated. I would like my new husband to adopt her, but I would like to get the legal process started before the year is up because I am moving out of state in June. I know that it takes time to get him served and get the court date set. Is this possible or do I have to wait until the year is up before I can even start the process?

Asked on 3/10/08, 5:47 pm

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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Re: Terminating Parental Rights/ Stepparent Adoption

Termination is not automatic even after a year.

However, to file prior to that one year, you would want and need his consent. Otherwise, it is premature to file.

Answered on 3/10/08, 10:44 pm

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