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  1. #1
    Join Date
    Aug 2011
    Posts
    9

    Question Interstate Paternity Litigation, Mom Wants Consent for Adoption

    My question involves a child custody case from the State of: Georgia and Washington state

    I'll try to get to the point.

    my ex(NCP) and I were not married when we had our 2 sons. He left the day after christmas in 2007 and has not been back since nor has tried to have a relationship or communicate with the boys..He has emailed me more times than I can count, threatening to take the boys and sending off the wall "crazy talk" emails.

    I married my husband who is in the military in 2008 and we all moved from Georgia to Washington state in 2009. 4 months ago the NCP filed a petition to legitimate, get visitation and modify his child support....I found out, not by papers from the court or his lawyers but from another lawyer's advertisement for services; I in turned got a lawyer myself.

    My lawyer responded back asking the judge to send the NCP to jail for the arrears, relinquish his parental rights (We've mentioned to the NCP my husband wants to adopt the boys), have him pay for the lawyer fees, pay the child support, and have the case thrown out because of jurisdiction ( since the children and I have lived here in Wa for over 2+yrs). the case WAS thrown because the NCP's lawyer did not file the right paperwork..did I mention the lawyer is a property lawyer?.....

    Now it's been 2 weeks and the NCP's lawyer has not done anything else...My lawyers are not really doing too much either because they say they only would be doing the NCP's lawyers work by filing a mediation....

    My husband and I want to him ( my husband) to adopt the boys but he will be going underway very soon. Any advice or thoughts on this all?

    I wonder if I should tell our lawyer to push for the mediation to resolve all this or what?

    Thank you in advance

    I understand that there are a couple different topics in this- adoption, child support, visitation... I just didn't know where to post this

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Interstate Paternity Litigation, Mom Wants Consent for Adoption

    The big question is whether or not Dad will agree to the adoption.

    I have NO idea what your attorney is doing, by the way - your ex isn't going to go to jail for a first finding of contempt for nonpayment. The judge also cannot order your ex to sign over his parental rights voluntarily. As far as jurisdiction goes, if the ONLY orders are out of GA then GA still has jurisdiction and must relinquish same to WA.

    Honestly though, if Dad filed 4 months ago for visitation? This adoption isn't going to happen.

  3. #3
    Join Date
    Aug 2011
    Posts
    9

    Default Re: Interstate Paternity Litigation, Mom Wants Consent for Adoption

    He is on his 3rd contempt order for child support, has had his license suspended twice and skated out of jail time by having his parents pay the arrears before. Can they not get a judge to in voluntarily relinquish his rights? there are many other fascist that might show it is in the best interest for the children to do so. As far as "orders" there is only a child support order, and that I don't mind being in GA. My concern is trying to solve this Step-parent adoption- legitimation/visitation thing.

    I just don't understand his choices on this matter..he was willing to sign over rights 2+ years ago but my husband and I needed to be married longer before we could go through with the adoption. IDK....

    also to add...IF he were really wanting to be a father (IMO) then why after the case was drop out of court 2 weeks ago, has his lawyer had no communication with mine in regards to having a mediation or another court hearing? seems odd...

    In several emails he said he would take me in and out of court to drain me dry of money.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Interstate Paternity Litigation, Mom Wants Consent for Adoption

    Nope. A judge cannot order him to sign for a TPR. That would be unconstitutional. The court CAN terminate his rights involuntarily - but takes a LOT more than what you've said here to justify such a drastic step.

    I'm sorry, because I realize this isn't what you want to hear, but if he is asking for visitation he's likely going to get at least something. And that means the adoption just isn't going to happen. Dad is free to change his mind at any point right up until his rights are terminated.

    Also, 2 weeks in court-time is nothing. They could be simply backed up, preparing another motion, who knows.

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