Q: We are maternal grandparents who have financially taken care of our almost three year old granddaughter. She has lived w
With us all that time also. Mom and dad in and out of picture, but nothing financially. Father is in prison and has not been legitimized. Can daughter let us adopt child without fathers permission?
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- Georgia
- (770) 854-0777
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- Answered
A: No, you can file for adoption, but the father will have to be notified and a judge can decide to terminate his rights.
A:
She can consent to the adoption, but he is still entitled to notice. His objection would nor necessarily stop an adoption, but, if he's not legitimized, or doesn't file to be, it's likely a court would grant it anyway.
Even if he files to legitimate he has to show he has not abandoned his opportunity interest to do so AND he has to show it is in the best interests of the child that he do so. That's a hard case to make if he's in prison.
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