Do I have grounds to relinquish rights with grounds of abandonment? 3 Answers as of January 30, 2012

Father deported, do I have grounds to relinquish rights with grounds of abandonment? My daughter's father was deported to Brazil two years ago next month. Since he has been gone he has offered absolutely no assistance with child support. He does not call her, write her letters or even gifts. It is as though she is out of sight, out of mind. I would like to change her last name to mine to make filing for doctor's appointments, registration for future education and records with my name. I realize I have to provide him with documentation of this, and request he gives up his rights. I am curious what the country alliances are to enforce parental rights will be. I do not believe I can petition for child support as I don't believe Brazil complies with the US policy on this. So that being said, what rights does he still have as a father? Being that it was deportation, is this still grounds for "abandonment"? I do not live off the state, I work very hard every day to provide for my beautiful daughter. She is a blessing and I want to do everything I can to provide the life she deserves. Her last name is not a status symbol that I want him to throw around as he pleases. My goal: Relinquish the father's rights change child's name to mine.

Free Case Evaluation by a Local Lawyer!

Enter Zipcode or for Immediate Assistance call (888) 428-7281

Have a general legal question? Click here

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here

H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham

You don't indicate whether you were married to the father, either at the time of the child's birth or after that. If you were never married, he has no rights under Georgia law to the child. If, however, you were married and are now divorced, you really need to consult with an attorney. Dealing with this sort of thing can be hard enough when the father lives in another state, much less another country.

Answer Applies to: Georgia

Replied: 1/30/2012

The Law Office of Kem Eyo, LLC | Kem Eyo

You stated "I realize I have to provide him with documentation of this, and request he gives up his rights.". The second half of that statement is actually incorrect. You do not have to terminate the father's rights in order to change the child's name. To change a minor child's name, you need to file a court action requesting that her name be changed. You are required to provide the father with notice that the action has been filed. You are also required to place notice in the local legal newspaper (to make sure no one else has an objection). Finally, you have to show the court that your reasons for requesting the change, and that your doing so is not for "bad" reasons. You will have an extremely difficult time trying to terminate the father's rights. First of all, courts do not like terminating parental rights unless that parent is being replaced (adoption) or is a danger/detriment to the child (such as an abuser). Second, to terminate his rights you would have to serve him with a copy of the complaint and give him an opportunity to defend himself. That would be impossible to do with him living out of the country.

Answer Applies to: Georgia

Replied: 1/30/2012