I'm only asking this to ease my mind. I've had a lot of nightmares lately probably just the imagination of a pregnant woman) and I just want them to go away. Thank you in advance for the information and please forgive my ignorance of the law. I should have made myself more educated in the area before proceeding as I could have saved myself a quite a few sleepless nights.
After I became pregnant, the relationship ended between bio dad and myself and while pregnant, bio dad was uncertain he wanted to be in my sons life. Every other month he would change his mind and all I could imagine was this little boy waiting for daddy to pick him up for a fishing trip and bio never showed so the last month of my pregnancy when bio said he wanted to sign over his rights, I agreed. I googled everything I could find and it all said the same thing. I had even consulted with a lawyer and he said the same. (I.E. bio had to first show he had no relationship with the child. It couldn't be done before the child was a year old etc.) I was surprised when the lawyer bio hired said exactly the opposite of everything I had been told. (I.E. that bio could sign over rights anytime)
When my son was less than a week old (March), his bio father signed over all parental rights. The papers we not actually filed until bio finished paying the lawyer which he only did in June when I threatened to file for child support after receiving a rather rude message from the lawyers office saying that bio had yet to pay the balance and the papers had not been filed and if I wanted the papers filed, I would have to pay the balance. (I was already going to raise his kid without financial help, bio could pay for the lawyer, in my opinion) At this point the lawyers office was told by bio not to give me any more information, whereas the lawyer was supposed to be there to answer both our questions but because bio was the one paying, I was cut out.
I received my copy of the papers in January because I filed for child support and they had approached bio regarding child support. Yes, child support enforcement was well aware the papers could exist but I had no proof they had ever been filed. I wanted my copy of the papers (which bio dad said I technically had no legal rights to, even though I've had to pull those papers out atleast 2x a year for random things) and I just wanted the whole thing over and done with.
After receiving the papers, I noticed an error so I took them down to the courthouse to have a clerk look at the papers. The beginning paragraph states "The above and foregoing Motion to Terminate Parental Rights of the biological mother...." yet the following paragraphs are correct stating "parental rights of the biological father" (In case it matters, the papers state "O.C.G.A. 19-8-12.) I was told by a lawyer I consulted that it was just a mistake, but it shouldn't have been filed like that and that it would cost about $500 to have that one word fixed on the papers. I was also told that the papers were not filled in the "correct court" (Lawyers words not mine). They had been "filed in another court because the lawyer was the wife of the judge in the right court." (Yes that's what I was told and its pretty much jibberish to me. Bio's lawyer was a Family lawyer, who couldn't file in family court because she was married to the judge??) The papers state Juvenile court, Civil Court and Superior court. If the court thing makes a difference, tell me where to look and I'll tell you what court it says.
The papers also talk about "a hearing in Chambers was conducted within 30 days from the day this Petition To Terminate Parental Rights." Does this mean 30 days from the day I signed the paperwork? Because 30 days after I signed the papers, the lawyer was still waiting to be paid and they were in a file cabinet somewhere collecting dust.
My son is now almost 4. He has been raised by my husband for the past 3 years and calls my husband dad. My husband has all intentions of adopting my son, but my own personal fear of something being wrong with these papers and having to contact bio to sign over his rights again... blah blah... they are getting in the way honestly. Not to mention that we are told it would be over $2k for my husband to adopt my son and that seems a little high considering most of the work (bios rights gone) is already done
With what I've read regarding reversals of the order, it has been done. But the ones I've found are usually cases involving the state and removal of a child. I haven't seen anything regarding someone who willingly signed over his rights. I'd like to think there are laws in place to protect my child and not just a law in place to help a dead beat skip out on child support and walk back in whenever he feels like it because he was young and foolish. I did read something stating that if my husband proceeded with the adoption bio pretty much has no chance of coming back, but again, I'd like to believe he has no chance regardless.
Any information would be helpful and thanks again!
After I became pregnant, the relationship ended between bio dad and myself and while pregnant, bio dad was uncertain he wanted to be in my sons life. Every other month he would change his mind and all I could imagine was this little boy waiting for daddy to pick him up for a fishing trip and bio never showed so the last month of my pregnancy when bio said he wanted to sign over his rights, I agreed. I googled everything I could find and it all said the same thing. I had even consulted with a lawyer and he said the same. (I.E. bio had to first show he had no relationship with the child. It couldn't be done before the child was a year old etc.) I was surprised when the lawyer bio hired said exactly the opposite of everything I had been told. (I.E. that bio could sign over rights anytime)
When my son was less than a week old (March), his bio father signed over all parental rights. The papers we not actually filed until bio finished paying the lawyer which he only did in June when I threatened to file for child support after receiving a rather rude message from the lawyers office saying that bio had yet to pay the balance and the papers had not been filed and if I wanted the papers filed, I would have to pay the balance. (I was already going to raise his kid without financial help, bio could pay for the lawyer, in my opinion) At this point the lawyers office was told by bio not to give me any more information, whereas the lawyer was supposed to be there to answer both our questions but because bio was the one paying, I was cut out.
I received my copy of the papers in January because I filed for child support and they had approached bio regarding child support. Yes, child support enforcement was well aware the papers could exist but I had no proof they had ever been filed. I wanted my copy of the papers (which bio dad said I technically had no legal rights to, even though I've had to pull those papers out atleast 2x a year for random things) and I just wanted the whole thing over and done with.
After receiving the papers, I noticed an error so I took them down to the courthouse to have a clerk look at the papers. The beginning paragraph states "The above and foregoing Motion to Terminate Parental Rights of the biological mother...." yet the following paragraphs are correct stating "parental rights of the biological father" (In case it matters, the papers state "O.C.G.A. 19-8-12.) I was told by a lawyer I consulted that it was just a mistake, but it shouldn't have been filed like that and that it would cost about $500 to have that one word fixed on the papers. I was also told that the papers were not filled in the "correct court" (Lawyers words not mine). They had been "filed in another court because the lawyer was the wife of the judge in the right court." (Yes that's what I was told and its pretty much jibberish to me. Bio's lawyer was a Family lawyer, who couldn't file in family court because she was married to the judge??) The papers state Juvenile court, Civil Court and Superior court. If the court thing makes a difference, tell me where to look and I'll tell you what court it says.
The papers also talk about "a hearing in Chambers was conducted within 30 days from the day this Petition To Terminate Parental Rights." Does this mean 30 days from the day I signed the paperwork? Because 30 days after I signed the papers, the lawyer was still waiting to be paid and they were in a file cabinet somewhere collecting dust.
My son is now almost 4. He has been raised by my husband for the past 3 years and calls my husband dad. My husband has all intentions of adopting my son, but my own personal fear of something being wrong with these papers and having to contact bio to sign over his rights again... blah blah... they are getting in the way honestly. Not to mention that we are told it would be over $2k for my husband to adopt my son and that seems a little high considering most of the work (bios rights gone) is already done
With what I've read regarding reversals of the order, it has been done. But the ones I've found are usually cases involving the state and removal of a child. I haven't seen anything regarding someone who willingly signed over his rights. I'd like to think there are laws in place to protect my child and not just a law in place to help a dead beat skip out on child support and walk back in whenever he feels like it because he was young and foolish. I did read something stating that if my husband proceeded with the adoption bio pretty much has no chance of coming back, but again, I'd like to believe he has no chance regardless.
Any information would be helpful and thanks again!
