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Georgia Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for Georgia on
Q: Does same sex couples have to be married to sign child birth certificate?
Judith Delus Montgomery
Judith Delus Montgomery
answered on Dec 23, 2021

The Supreme Court held that a state may not deny married same-sex parents the same right as opposite-sex parents to be listed on child’s birth certificate, see Pavan v. Smith, 2017, 137 S.Ct. 2075, 198 L.Ed.2d 636.

We will definitely need more information on your matter.

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2 Answers | Asked in Juvenile Law, Family Law, Adoption and Civil Litigation for Georgia on
Q: Our parental rights were terminated in Juvenile Dependency case. Can our children be adopted w/out our knowledge?

My hubby showed for the TPR hearing, I did Not. Apparently, our rights WERE terminated. He didn't sign any paperwork, and, as I stated, I did not even go. Can our babies be adopted out without even our Knowledge? Also, can we adopt our own kids?!

Regina Irene Edwards
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answered on Oct 28, 2021

If your rights were terminated, the children can be adopted with no notice to you.

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1 Answer | Asked in Adoption and Child Custody for Georgia on
Q: My parental rights were terminated and my parents adopted my kids. I live with my parents and my kids. My kids are

15,14,6,5 years old. If my parents pass before my youngest is 18 can I adopt them or can my parents make me guardian in their will?!?

Regina Irene Edwards
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answered on Sep 9, 2021

Your parents cannot will children to anyone. If they pass away, you can apply for adoption.

1 Answer | Asked in Adoption, Civil Rights, Elder Law and Criminal Law for Georgia on
Q: Can you sue the poor? How do you prove emotional trauma?

I’m a 20 yr old adult looking to sue my biological family for manipulating and controlling my adoptive mother along with the emotional trauma they have caused. It’s gotten to the point where her marriage is in danger and she often chooses my biological family over us. They’ve become so... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 6, 2021

There is a lot to unpack in this question. First, you are not able to bring a lawsuit on behalf of another unless they are a minor over which you have custody, or they are incompetent to bring a suit on their own for some other reason and you are the guardian, custodian, or have a power of attorney... View More

2 Answers | Asked in Adoption, Family Law and Legal Malpractice for Georgia on
Q: I am a birth father. The birth mother and I want to contest an adoption we’ve consented. How do we start the process?

The birth mother signed a Post Adoption contact agreement thinking that we would be able to keep in contact with the adoptive parents. The attorney never said that both parties needed to sign. I’ve recently learned that they never signed an agreement. This would have been a dealbreaker in our... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 25, 2021

Get an adoption attorney on the job immediately. You are under a time deadline. Don’t delay.

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2 Answers | Asked in Family Law and Adoption for Georgia on
Q: My goddaughter which is 24 years old wants us to be her parents on her birth certificate and change her name to ours.

She has been our child for years already be provide for her but she was adopted from the state when she was 4 years old and now she doesn’t want them as her parents on her birth certificate. Can we just put a petition in to have everything change on her birth certificate or do we have to go... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 21, 2021

If you want her to inherit from you as being your own child, an adoption is the way to go. If you do not want to adopt, then you would need to meet with a probate attorney and make sure that all your advance directive documents, Wills, conveyance documents, etc. (whatever is needed to accomplish... View More

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1 Answer | Asked in Adoption and Family Law for Georgia on
Q: 17 year old living with mentally and emotionally manipulative toxic family ( who are not my parents) wanting to move out

And live with a different family member I turn 18 in two months but I can’t take it here any longer and just thinking about running away

Michael D. Birchmore
Michael D. Birchmore
answered on Jul 20, 2021

DUPLICATE QUESTION.

1 Answer | Asked in Adoption, Family Law, Contracts and Civil Rights for Georgia on
Q: What can we do about our Post Adoption Contact Agreement?

I’m a birth father that placed my daughter for adoption along with the birth mother. We signed a Post Adoption Contact Agreement thinking it would keep us in touch with our daughter through the adoptive parents. I recently learned that they never signed an agreement and therefore don’t have to... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Jun 22, 2021

Did you work with an attorney? You should give your attorney a call to get to the bottom of this and why if this is what you wanted how it was overlooked. If you don’t want to work with the same attorney you can consult with another attorney who can review the facts of the case to determine if... View More

1 Answer | Asked in Family Law and Adoption for Georgia on
Q: My son is now 19 , my mother adopted him when I went to Prison. He now wants to reverse it , or have his original mom

Put back on his Birth Certificate. What’s the cheapest way to do this ??

Michael D. Birchmore
Michael D. Birchmore
answered on May 17, 2021

Just have him change his name by filing for a name change through the court.

1 Answer | Asked in Adoption for Georgia on
Q: I am a teacher in GA. I want to adopt a student. How can I get the "father" to sign over custody?

Dad supposedly had DNA test done and is not the real father. Mother is out of the picture. Dad has been basically trying to get DFCS to take him for years now. But for some reason Dad told the judge on Monday he would keep him for now. This child has some major childhood trauma and Dad keeps... View More

V. Joy Edwards
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answered on Apr 22, 2021

That sounds like a terrible situation for the child. It sounds like your case may be in juvenile Court. We would need more information to be able to assist you in moving forward. If the father won't surrender his rights, you may have grounds to ask the Court to terminate his parental rights.... View More

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: I want to contest an adoption. I have been looking for representation for a long time.

What are the parameters of informed decision for placing an infant for adoption in the state of Georgia?

ie. I was never informed that the P.A.C.A. did not have to be included in the finalization paperwork. Or that 60 days after the TPR paperwork was signed I could make an appeal to annul... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Apr 5, 2021

You should consult with an adoption attorney who can review the facts of your case in detail and present you with any options that you have (if any at this point). That would be the best place to start.

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: What are the parameters of an informed decision for placing an infant for adoption in the state of Georgia?

ie. I was never informed that the P.A.C.A. did not have to be included in the finalization paperwork. Or that 60 days after the TPR paperwork was signed I could make an appeal to annul the adoption even after the revocation period (If I’m not mistaking). What is considered coercion?

Homer P Jordan IV
Homer P Jordan IV
answered on Apr 2, 2021

It would be wise for you to consult with an attorney who can review the facts of your case in detail and present you with the options. It’s difficult to provide you with guidance off of the information provided here.

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: Is there a way you can get a foster child back after one parent failed a drug test for Marijuana

Im Fictive kin of my grandchild we custody of him due to his mom having severe brain damage, And we're waiting on the father to get legitimized. my husband failed a drug test for weed

Ellaretha Coleman
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Ellaretha Coleman
answered on Mar 7, 2021

That will depend on the totality of the circumstances. Unfortunately, there is no automatic right to foster a child while the child is in the care of the state due to a dependency action.

2 Answers | Asked in Adoption, Child Custody, Child Support and Divorce for Georgia on
Q: What happens of my wife is trying to adopt a child during our divorce? Can she adopt without my consent?

We are currently separated, will I be responsible for the child

Regina Irene Edwards
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answered on Jan 31, 2021

She does not need your consent to divorce. If you do not adopt the child, it will not be your responsibility. Make sure you represented in the divorce so the paperwork is clear.

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2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: I want to get full custody of my 4 year old niece who lost her mom last year. My brother brought her to me last March.

I have cared for her ever since. I have been taking care of her for almost a year and would like to make this a more permanent situation. As of late my brother and eye have not been seeing eye to eye. He got upset with me over money. And now he continues to threaten to pull her out of school and... View More

V. Joy Edwards
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answered on Jan 24, 2021

I'm sorry to hear you are going through such a tough situation with your brother and niece. As an aunt who currently has physical custody, you have the right to ask the court for custody. It is important that we move quickly to get this done. We would be happy to help with getting you custody.... View More

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1 Answer | Asked in Family Law, Adoption and Legal Malpractice for Georgia on
Q: What can we do about misrepresentation or omission of information?

The lawyer said things to the adoptive parents the day of our daughter’s birth that neither one of us said, nor told her to say. We weren’t aware of the worst possible outcomes in adoption either. If we had a clue that it would be like this we would’ve never done it. How is this legal? How... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Jan 21, 2021

Was this your lawyer or the lawyer for the other person? What was written out in the papers that were signed? You may want to consult with an attorney who can review the facts of the case in detail and present you with any options you may have.

1 Answer | Asked in Adoption for Georgia on
Q: I have joint custody of my grandchildren with another person. I am going to adopt the children. Will I have sole custo

Will I have sole custody?

V. Joy Edwards
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answered on Jan 12, 2021

If you are adopting the children you should have sole custody at the end of the adoption. Adoptions, while very joyful, require particular attention to detail. We would love to assist you in your adoption journey. Please call us at 770-723-7211 to schedule time to discuss your situation further.

1 Answer | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: i live in georgia and i’m 17 and my guardian keeps hitting me and saying it’s legal is it ?
Homer P Jordan IV
Homer P Jordan IV
answered on Jan 6, 2021

No, it’s not legal for people to hit you and it should be reported.

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: What can adoptive parents do if you email them expressing regret and grief? It’s a private “open adoption”.

I am the birth father. The adoptive parents knew they didn’t want a relationship with us, and didn’t let us know until after the adoption was finalized. It’s a nightmare come true.

Homer P Jordan IV
Homer P Jordan IV
answered on Dec 29, 2020

The terms of the adoption should have been clear in writing from the start. If you feel they are in violation you should consult with attorney right away who can review the facts of your case in detail and present you with the options.

1 Answer | Asked in Adoption and Child Custody for Georgia on
Q: Can a single mother adopt her child out if the absent father and even the family wants the child?

Mother of the child is unstable and doesn’t want her children. The father loves them dearly and wants them. Can the father get custody?

Regina Irene Edwards
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answered on Dec 15, 2020

The Father can file for custody and should do so immediately.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

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