Legal Question in Family Law in Georgia

Termation of Parental Rights

Is it possible to collect back child support (3yrs. worth @ $96.00 a week) and still make the biological father give up his parental rights? He hasn't had any contact with our 7 year old son in over 5 months; I have been remarried for 2 years and we have a son. My new husband is more of a father than the biological father ever thought about being we are afraid if something happened to me the court will make my son go live with his real dad. What should we do?


Asked on 3/16/04, 10:49 am

2 Answers from Attorneys

Stephen Worrall : Worrall Law LLC
0 users found helpful
0 attorneys agreed

Re: Termation of Parental Rights

Your husband will not be able to adopt the child until at least 12 months of non-support or 12 months of failure to comunicate with the child. After that he could file a stepparent adoption petition and the Court would be authorized to terminate the biological father's parental rights and allow your husband to adopt the child. While his obligations for future support would be terminated as of that date, the child support obligation that has accrued up to that date is a judgment which is unaffected by any such termination and could be collected by contempt, garnishment, levy on real or personal property and so forth.

Read more
3/16/04, 10:57 am
Stephen Worrall : Worrall Law LLC
0 users found helpful
0 attorneys agreed

Re: Termation of Parental Rights

After I reviewed your message again, I noted that you indicated that he has failed to support the child for over 3 year; thus, your husband is able to file the adoption now. I suggest you contact an attorney to make certain that these important matters are properly done.

Read more
3/16/04, 11:00 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia

Looking for something else?

Get Free Legal Advice

88273 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now