My live in boyfriend has a four year old son. He has full custody of him. We have not heard from the childs mother in over four months. She lived in New Mexico when they divorced. Then came back to Georgia for about six months. Then moved back to New Mexico over a year ago. She was calling everyday for the first couple of months after moving back. But we have not heard anything from her since March. She does not pay child support or help with the costs of raising him. I would adopt him if she does not want to be his mom anymore. My fear is that she dosen't want the responsibility of him but she dosen't want anyone else to have "her" son. Can anyone help me? One year of no contact is required based on the following statutes:
Ga. Code Ann. 搂 15-11-58(m)
In the event that a child has been in foster care under the responsibility of the Division of Family and Children Services for 15 of the most recent 22 months, or if the court has determined a child to be an abandoned infant, as set forth in 搂 15-11-94, or has made a determination that the parent has committed murder of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent; committed felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the department shall file a petition to terminate the parental rights of the child's parents, or, if such a petition has been filed by another party, seek to be joined as a party to the petition.
Ga. Code Ann. 搂 15-11-94
In considering the termination of parental rights, the court shall first determine whether there is present clear and convincing evidence of parental misconduct or inability. If there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.
The court, by order, may terminate the parental rights of a parent with respect to the parent's child if:
The written consent of the parent, acknowledged before the court, has been given; acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption.
A decree has been entered by a court of competent jurisdiction of this or any other State ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer.
The parent has abandoned the child or the child was left under circumstances that the identity of the parent is unknown and cannot be ascertained despite diligent searching, and the parent has not come forward to claim the child within three months following the finding of the child.
The court determines parental misconduct or inability by finding that:
The child is a deprived child, as such term is defined by 搂 15-11-2;
The lack of proper parental care or control by the parent in question is the cause of the child's status as deprived. In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following:
A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child;
Excessive use of or history of chronic un-rehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child;
Conviction of the parent of a felony and imprisonment therefore which has a demonstrable negative effect on the quality of the parent-child relationship;
Egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abusive nature;
Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent;
Injury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse.
In addition to these considerations: Where the child is not in the custody of the parent who is the subject of the proceedings, in determining whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of 1 year or longer prior to the filing of the petition for termination of parental rights:
To develop and maintain a parental bond with the child in a meaningful, supportive manner;
To provide for the care and support of the child as required by law or judicial decree; and
To comply with a court ordered plan designed to reunite the child with the parent or parents. Well the first step is getting married. Most states require that you are married for at least a year before they will consider doing a step-parent adoption. Then they will serve the mother with papers which she can willingly sign over her rights or fight it. The choice is hers no matter how long it's been since she's seen her child or how unsupportive (is that a word?) she's been, she still has rights.
Be prepared to show that you can provide financial and medical support for the child. You will have to provide medical and financial paperwork for yourself and a home study will be conducted. It is a lengthy process but well worth it if it's something you truly are committed to doing.
Good luck. you need a lawyer
the good news is it involves sending 3 letters to the last known address
if they don't respond
they lose their rights entirely. the only exception I know of is if they are active duty armed forces that are deployed out of the country.
I live in GA I'm not sure what the rules are there in GA but one thing you might want to check on is the fact that you guys aren't married. that might be the only thing that could stand in the way since the mother has been gone for so long and made no contact. you could try calling an attorney that gives free consultations or call the local courthouse there to find out more legal info. GOODLUCK! it sounds like you really care about the father and child involved in this unfortunate situation. |
