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    Default Father Offered to Terminate His Rights But Changed His Mind - How to Make It Happen

    My question involves adoption law for the State of: Georgia

    My daughter's Bio father offered to terminate his rights but then backed out... is there any case that says that the judge can enforce him to go through with the settlement offer even if he did not sign the termination papers?

    Another question I have is ... if not how long does he have to be absent to have his rights terminated? He has nothing to do with my daughter and only shows up every blue moon.. it has not been a full year but has been 7 months.. She does not know who he is and every time he does show up she gets confused and she continuously asks who he is... this is not helping her have stability in her life and will effect her emotionally (more than it does now) once she gets older.

    and WHY on earth does the court systems think that because someone paying child support (not even voluntarily but has it taken out of his check-state ordered) that they are having something to do with that child??

  2. #2

    Default Re: Bio Father Offered to Terminate His Rights. How to Make It Happen

    Quote Quoting JRR
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    My daughter's Bio father offered to terminate his rights but then backed out... is there any case that says that the judge can enforce him to go through with the settlement offer even if he did not sign the termination papers?
    No, he's allowed to change his mind. But you are certainly free to ask the court to IN-voluntarily terminate his rights.


    Another question I have is ... if not how long does he have to be absent to have his rights terminated?
    There's no written rule. What it'll come down to is (a) the frequency of contact, how long since last contact (and yes, child support payments DO generally count as a form of contact), and (b) whether of not dad challenges the termination.


    He has nothing to do with my daughter and only shows up every blue moon.. it has not been a full year but has been 7 months.. She does not know who he is and every time he does show up she gets confused and she continuously asks who he is... this is not helping her have stability in her life and will effect her emotionally (more than it does now) once she gets older.
    It's absolutely not the best of all worlds for the child...BUT...dad has constitutionally protected rights to access to his child...which rights would have to be terminated by a court, either with dad's cooperation, or involuntarily against dad's wishes, and he can't be FORCED to be a "better" or more involved parent. The only way the state could enforce or guarantee performance of a parent is if the state was the one to PICK that parent (and obviously, they didn't).


    and WHY on earth does the court systems think that because someone paying child support (not even voluntarily but has it taken out of his check-state ordered) that they are having something to do with that child??
    Because providing support IS a form of contact. And the fact that the child carries dad's DNA alone is enough to provide him with rights until they are terminated.

    If dad is wishy-washy on the matter, you can take the matter right to the court and put the decision in someone ELSE's hands by asking the court to terminate dad's rights. However, unless you are married AND you husband wants to adopt the child, then the court isn't likely to grant the termination. Courts want children to have TWO parents, and if dad is functioning financially as one of them, even if not acting in person, that's typically enough for the courts to keep him around (because if you get hit by a bus, guess who the courts will turn to in order to keep the child supported).
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