Legal Question in Family Law in Pennsylvania
Adoption and custody
We recently consulted an attorney about adoption and were unclear on the information provided. My husband wants to adopt my son. We live in GA and his biological father lives in PA. My son and I have only lived in GA for about 6 months. I've heard from one attorney that GA would have jurisdiction and another one told me that it would have to be handled in PA because of due process???? We're confused and aren't sure what to do next. The biological father probably won't give consent to the adoption, but he hasn't been active in his life for quite sometime and does not pay child support. What do we need to do? Any answers would be appreciated. Thank You.
2 Answers from Attorneys
Re: Adoption and custody
If you're the custodial parent and have lived in Georgia six months, the case happens in Georgia. The father would have to be served and a court would have to decide whether to terminate rights and allow the adoption.
You say he "probably" won't consent. Find out. With his consent the costs will be far less and the outcome more likely.
Re: Adoption and custody
If you and the child have lived in Georgia for more than six months, Georgia has jurisdiction over a stepparent adoption case. Such a case can be filed if the biological father has failed to support the child for over twelve months or has failed to communicate with the child for over twelve months.The father would be served in Pennsylvania and given an opportunity to defend against the termination of his rights.
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