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?

Thanks


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

2 Answers from Attorneys
Stephen Worrall The Manely Firm, P.C.

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.

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Answered on 3/16/04, 10:57 am
Stephen Worrall The Manely Firm, P.C.

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.

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Answered on 3/16/04, 11:00 am


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