Q: Can a gaurdian legally adopt children with only one parents signature and agreement.
When the other parent has a open custody case open
A:
The short answer is no. In Georgia, a child who has any living parent or guardian may be adopted only if each such parent and each such guardian:
(1) Has voluntarily and in writing surrendered all of his rights to the child to the department of human services or to a child-placing agency and the department or agency consents to the adoption; or
(2) Has had all of his rights to the child terminated by order of the court, the child has been committed by the court to the department of human services or to a child-placing agency for placement for adoption, and the department or agency thereafter consents to the adoption.
Additionally, if the child is 14 years of age or older, the written consent of the child to his or her adoption must be given and acknowledged in the presence of the court.
It is best to contact an attorney who can assist you with the specifics of your case. We are glad to assist you.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
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