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Georgia Adoption Questions & Answers
1 Answer | Asked in Family Law and Adoption for Georgia on
Q: I have a dfcs case. My daughter was placed wit her paternal grandmother. DNA showed she wasn't her daddy's biological

Child so dfcs removed her and placed her in foster care. Her daddy still wants to be her daddy no matter what. He signed her birth certificate. We were never married & w are no longer together. Can dfcs stoop working with him just because he is not her biologic father?

Homer P Jordan IV
Homer P Jordan IV
answered on Feb 15, 2019

Going off of the situation you have described, he has no legal rights to the child. You weren't married and he has not legitimized her, and now you found out he's biologically not the father. Having no legal rights to her, it's unlikely they would place her with him. You may want... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Q: My 13 year old stepson wants to have his abusive mothers rights terminated so that his father and I can adopt him.

We have custody of all 3 step children. Physical abuse is limited to my oldest step son solely but mental and emotional abuse has occurred with all three children. Mom still has visitation with 2 younger boys but not of the older son. Every interaction mom and oldest boy have had for the last 2 1/2... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Feb 12, 2019

Ultimately that would be up to the judge, who would make the decision after reviewing the facts of the case. I'm assuming the abuse has been documented as well. You should consult with an attorney who can review the facts of the case in detail and help you plan the proper course of action.... View More

1 Answer | Asked in Adoption and Tax Law for Georgia on
Q: For foster adoption across state lines, which state do I get a tax credit from?

I live in Georgia, but I am adopting two children from the Utah foster care system. Can I apply for a state tax credit in my Georgia tax returns, or do I have to complete a Utah tax return and get a Utah tax credit? The tax credit is much better in Georgia, and I would prefer to only complete one... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 10, 2019

As a resident of Georgia you would claim the Georgia credit.

Utah requires the adoptive to be a resident at the time the adoption order is granted as a resident of Georgia you would not qualify.

Thanks for adoptin

2 Answers | Asked in Adoption and Family Law for Georgia on
Q: My son is not legitimized dfcs were granted a tpr on me yesterday can i legitimise ny son now and file for adoption
Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 17, 2019

If a termination of your parental rights has already been granted, you are no longer eligible to legitimize your son.

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4 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Georgia on
Q: Can stepparent adopt my child if I am not legitimized and haven't paid child support but have maintained regular contact

I have petitioned for legitimation around the time that adoption petition was served. My child is 10 years old and I was never married to custodial parent. Please advise.

Mr. Samuel E. Thomas
Mr. Samuel E. Thomas
answered on Jan 15, 2019

You probably want to get an attorney for this situation. Is it possible? Maybe. I would need more facts before giving a true assessment. You have a complicated matter and representing yourself would not be wise.

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1 Answer | Asked in Criminal Law, Family Law, Adoption and Child Custody for Georgia on
Q: Can a harassment charge be brought against a Respondent in a TPR case?

Can the absent parent (Respondent) be charged with harassment by texting the custodial parent during a TPR case awaiting a court date in Georgia? The Respondent has had no contact in 18 months and it’s been over 2 months since Respondent was served papers for TPR. If so where does this need to... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 5, 2018

You will need to report the actions to the police to determine if it rises to the level of criminal harassment. Your post is unclear as to the frequency or content of the text messages, so we can not determine if this is harassment.

1 Answer | Asked in Adoption, Child Custody and Child Support for Georgia on
Q: Can a mother change my child last name without the father consent
Regina Irene Edwards
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answered on Nov 10, 2018

If they aren't married, yes. The mother has all rights to the child.

1 Answer | Asked in Adoption, Child Custody and Juvenile Law for Georgia on
Q: My parental rights were termainted by dfac court but I wasn't present in court ..a family member intends to adopt my c

Kids. What can I do to reinstate my rights

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 5, 2018

You can't. You had your chance and you didn't cure the dependency in order to protect your children. Terminations are final and irreversible.

2 Answers | Asked in Adoption and Family Law for Georgia on
Q: My now ex husband(which adopted our daughter as a step parent adoption)is wanting to sign over his rights to her.

Which I am in agreement with because it has been nothing but verbal and mental abuse since he adopted her,and is only getting worse !!! I know he can't sign over his rights without someone to take over his rights. My question is can my dad (her grandfather) take over his rights or can her... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 18, 2018

Courts are not generally in favor of undoing adoptions. You should speak with an attorney to discuss your options of moving forward to terminate his relationship with the child.

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2 Answers | Asked in Family Law and Adoption for Georgia on
Q: Family court judge took my daughter and her husband's child away from them and gave full custody of her to me.

It has now been over two years do I have legal right to file adoption?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Sep 24, 2018

It depends on what kind of contact they've had or if they've paid support. Contact an attorney to discuss this in more detail.

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1 Answer | Asked in Adoption and Child Custody for Georgia on
Q: My friend is pregnant and wants to give me custody of the baby when she is born. How does she go about doing this in Ga?
Regina Irene Edwards
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answered on Sep 24, 2018

She cannot just give you custody of the baby. There is a father and he is entitled to notice and due process. You need to consult an attorney to help you.

2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: I have my cousins son and he has been with me for 3 months how can I get custody of him since his parents abandoned him?

His mother called us and told us that his stepmom dropped him off and to come get him because they were getting kicked out. Neither one the mother or father hasn't help with anything for him and hasn't contacted us in 3 months. Me and my wife went to DEFACS and now his dad contacted them... View More

Regina Irene Edwards
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answered on Sep 18, 2018

You need to hire an attorney and file for custody.

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1 Answer | Asked in Adoption and Family Law for Georgia on
Q: Im 30 and im wondering what i have to do to have my stepfather adopt me even i want his name on my bith certificate
Homer P Jordan IV
Homer P Jordan IV
answered on Sep 18, 2018

He can take steps to legally adopt you. He should consult with an attorney regarding petitioning for a stepparent adoption. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

2 Answers | Asked in Family Law and Adoption for Georgia on
Q: My son is 13 and his father has not been in his life for some time now. I have been asked him to terminate his parental

Rights but he stated no. He has not seen his son nor does he have a relationship with him. He did sign the birth certificate and there is a child support order but he does not comply with the orders and child support has been searching for him for quite some time now. My fiancé will be adopting my... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 15, 2018

You will need to petition the court for a step parent adoption and the termination of the biological father's rights can occur within that action. When the terminations are not voluntary, the matters can become complicated. I strongly suggest you speak with an experienced family law attorney... View More

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2 Answers | Asked in Family Law and Adoption for Georgia on
Q: Do I have any rights in an Open adoption? I am the mother of child father's rights recently terminated.

I have agreed to the open adoption but wanted to know can I request certain things be put into adoption papers to insure I get to be apart of my daughter's life.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Aug 27, 2018

Unfortunately, that's not how this works. If you consent to an adoption, you are consenting to the complete and total termination of your parental rights. Once you've signed, and the statutory time frame to change your mind has expired, the Court will terminate your rights with respect... View More

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2 Answers | Asked in Adoption and Child Custody for Georgia on
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?

Regina Irene Edwards
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answered on Aug 16, 2018

No, you can file for adoption, but the father will have to be notified and a judge can decide to terminate his rights.

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3 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Georgia on
Q: how Would my husband go about adopting my daughter Birth father has no legal rights but on child support

My husband would like to adopt my daughter, her father didn’t sign birth certificate or have her legitimized. He is on child support How ever he does not pay. How do I go about this? Should I just cancel the child support and go from there? He has voiced that he doesn’t want her and my husband... View More

Regina Irene Edwards
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answered on Aug 14, 2018

You need to hire an attorney to file for adoption. During the adoption, the biological father's rights will have to be terminated.

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2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: How do you get custody of an autistic adult?

My stepson will be 18 soon and he is autistic, He will not graduate school till he is 20. His father is trying to convince him to move in with him when he turns 18. If he moves there he wont finish school because he doesn't have the right programs for him like we do here. So we were thinking... View More

Regina Irene Edwards
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answered on Aug 10, 2018

It's called a guardianship, and you need to apply through the courts.

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1 Answer | Asked in Adoption and Child Custody for Georgia on
Q: My son's mother wants to transfer her rights to him over to me. What steps do we need to take

I have not had him legitimize

P. Justin Thrailkill
P. Justin Thrailkill
answered on Aug 8, 2018

You need to legitimize him and she needs to consent to you having custody. She cannot transfer her rights, but she can agree to make you the physical custodian of the child. With this, she will need to pay child support as well, unless you can justify a reason why support should not be paid... View More

3 Answers | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Georgia on
Q: Is there any way to have rights to my friend's son?

I met my friend 10 years ago and Ive known her son since he was a toddler and he just just turned 13. Last year his mother had trouble caring for him, so he often stayed with me. He and his mother moved to Pennsylvania to get better support. His parents are divorced and i live in Georgia. If he... View More

Regina Irene Edwards
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answered on Aug 5, 2018

Only the parents have rights to a child. You would have to file in court to obtain legal rights. Otherwise, it is interference of custody.

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