How can the step parent adopt a child? 6 Answers as of April 20, 2012

My son is 5, his dad and I were never married and he is on bc. He left after within a month of his birth and has no contact since. I have found out that he has outstanding warrants in at least one state. I would like to terminate his parental rights and give my son my last name. My fiance wants to adopt him as well when we get married. Would it be better for me to petition for parental rights to be terminated and have his last name changed to mine, then request the adoption? Or should we wait until we are married and perform the adoption?

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
The first thing you are obligated to do is to make some attempt to collect child support by Petitioning the Court to bring an Action for child abandonment against him. If you succeed in this action you can Petition for Termination of Parental Rights.
Answer Applies to: Georgia
Replied: 4/20/2012
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
Most likely it would be better to wait till you get married and then file a step patent adoption action. That way you don't have to go through two court actions.
Answer Applies to: Georgia
Replied: 4/20/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Here in Georgia if he sees to adopt the child now since you are not married your parental rights will be terminated and you will lose your child. Since an adoption can change the name, doing a separate name change is also a bad plan. A better idea: see a lawyer now and determine a time frame where an adoption can be done well after the marriage.
Answer Applies to: Georgia
Replied: 4/20/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
I would recommend getting married and then filing in court for the adoption.
Answer Applies to: Georgia
Replied: 4/20/2012
The Law Office of Nathaniel M. Smith, LLC
The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith
You should talk to a lawyer. I've done a lot of stepparent adoptions, and either I or another attorney familiar with the process can sit down with you and explain the process to you.
Answer Applies to: Georgia
Replied: 4/20/2012
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