I have been divorced from my childrens father for 8 years, and he has not paid any childsupport. I married a really wonderful man that is wanting to adopt both my children. We have been married for 4 years and have been together for 7. The children have seen their father some, but he stays in and out of jail. The last we heard from him was the first part of December. I do not even know where he is. What can be done so that my husband can adopt these children?

I have been divorced from my childrens father for 8 years, and he has not paid any childsupport. I married a really wonderful man that is wanting to adopt both my children. We have been married for 4 years and have been together for 7. The children have seen their father some, but he stays in and out of jail. The last we heard from him was the first part of December. I do not even know where he is. What can be done so that my husband can adopt these children?


Was there a court order for Child Support issued?

ohio step mom can post the statutes, but I think you are going to have to go longer with no contact. In TN, it is 4 mo- in some states it is years with no contact of ANY type.

Was there a court order for Child Support issued?

Yes. This is one of the reasons he stays in and out of jail. Like every three months he gets locked up, and then gets out without paying. I do not know how he does it, but he has for 8 years.

Yes. This is one of the reasons he stays in and out of jail. Like every three months he gets locked up, and then gets out without paying. I do not know how he does it, but he has for 8 years.

That's one of the problems with sending a NCP to jail for nonpayment. The jail time is actually instead of a "purge" (a lump sum payment toward arrears). A NCP who doesn't mind being in jail can choose jail over actually paying anything.

Personally, I think they should put a non paying NCP in jail at night, make them work during the day and take all of thier earnings for CS while in jail. But, that makes too much sense- it would mean that the NCP would be punished AND have to pay. A few state's do have something similar but Ga and Fl aren't among those states.

Statutes:

Websites for Statutes:
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=1-1-1
http://www.legis.state.ga.us/legis/GaCode/index.htm
Citations:
Adoption: Title 19, Chapter 8
Child Protection: Title 19, Chapter 5, Chapters 14 and 15; ? 19-7-5
Child Welfare: Title 15, Chapter 11, ?? 15-11-58; 15-11-93 through 15-11-106; Title 49, Chapter 5


Regulation/Policy

Website for Administrative Code:
http://rules.sos.state.ga.us/
Note: See Department of Human Resources, Chapters 290-2 and 290-9-2


Circumstances That Are Grounds for Termination of Parental Rights
?? 15-11-58; 15-11-94


The parent has abandoned the child.
The parent is unable to discharge his or her parental duties due to:

A medically verifiable deficiency of his or her physical, mental, or emotional health
Excessive or chronic use of alcohol or controlled substances
A conviction and incarceration for a felony

The parent has physically, mentally, or emotionally neglected the child, or there has been past neglect of the child or another child.
The parent?s conduct or neglect has resulted in serious physical injury to the child or in the injury or death of a sibling.
The parent has subjected the child to egregious conduct, or there has been past egregious conduct toward the child or another child, of a physically, emotionally, or sexually cruel or abusive nature.
Reasonable efforts to rehabilitate the parent have failed.
The parent has been convicted of:

Murder or voluntary manslaughter of another child of the parent or the child?s other parent
Aiding, abetting, attempting, or soliciting to commit murder or voluntary manslaughter of another child of the parent or the child?s other parent
A felony assault that results in serious bodily injury to the child or another child of the parent

The parent has failed to comply with a court order to support the child for a period of 12 months or longer.
The parent has failed to develop and maintain a parental bond with the child in a meaningful, supportive manner.
The child has been in foster care for 15 of the most recent 22 months.
Parental rights to another child of the parent have been involuntarily terminated.



Who Must Consent to an Adoption
Citation: ? 19-8-4(a)

Any living parent or guardian must voluntarily and in writing surrender all rights to the child to the department or child-placing agency.


When Parental Consent is not Needed
Citation: ? 19-8-10


The child has been abandoned and the parent cannot be found after a diligent search.
The parent is insane or otherwise incapacitated.
The parent has failed to exercise proper parental care.



Jurisdiction
Citation: ? 19-8-2(a)

The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption, except such jurisdiction as may be granted to the juvenile courts.


Venue
Citation: ? 19-8-2(b)


All petitions under this chapter shall be filed in the county where the petitioner resides.
Upon good cause shown, the petition may also be filed in:


The county where the child resides or any child-placing agency having custody is located; or
Any county adjacent to the United States Army post or military reservation, for any person resident in the State for 6 months preceding the filing.



Who May Adopt
Citation: Ann. Code ? 19-8-3

Any adult person, including a foster parent, may adopt a child when he or she meets all of the following criteria:
Is at least 25 years old or married and living with his or her spouse
Is at least 10 years older than the child
Has been a resident at least 6 months
Is financially, physically, and mentally able to have permanent custody of the child
Married persons must file a joint petition.


Who May Be Adopted
Citation: Ann. Code ?? 19-8-3; 19-8-21

The following persons may be adopted:
Any child
An adult who gives written consent

That's one of the problems with sending a NCP to jail for nonpayment. The jail time is actually instead of a "purge" (a lump sum payment toward arrears). A NCP who doesn't mind being in jail can choose jail over actually paying anything.

Personally, I think they should put a non paying NCP in jail at night, make them work during the day and take all of thier earnings for CS while in jail. But, that makes too much sense- it would mean that the NCP would be punished AND have to pay. A few state's do have something similar but Ga and Fl aren't among those states.

I guess the kids will always be the ones to suffer. My new husband helps me support them and he is there for them. He coached my 12 year old sons football team, he went to the father/daughter dance with my 9 year old daughter. They know in their heart who is there for them. In reality the extra money would be nice so they could have more, but it is their real dad that is missing out on everything , he is really the one that is at a lost. I need to stop complaining at least I was lucky enough to find someone to love my children and help support them. I know of other children that do not even have that. The real dad will get what is coming to him oneday and it will probably be from his own children. One day he is going to want and need them and they are not going to be there for him.

I guess the kids will always be the ones to suffer. My new husband helps me support them and he is there for them. He coached my 12 year old sons football team, he went to the father/daughter dance with my 9 year old daughter. They know in their heart who is there for them. In reality the extra money would be nice so they could have more, but it is their real dad that is missing out on everything , he is really the one that is at a lost. I need to stop complaining at least I was lucky enough to find someone to love my children and help support them. I know of other children that do not even have that. The real dad will get what is coming to him oneday and it will probably be from his own children. One day he is going to want and need them and they are not going to be there for him.

This is true, my eldest is graduating from HS with/ high honors (had to through that in..lol!) but she doesn't want her dad there...The kids haven't spoken to him in 2 1/2 years...His aunt called me to see if he could show up at the graduation...I said it is up to my daughter...she just does not want him there. Of course its my fault, don't you know!:rolleyes:

I guess the kids will always be the ones to suffer. My new husband helps me support them and he is there for them. He coached my 12 year old sons football team, he went to the father/daughter dance with my 9 year old daughter. They know in their heart who is there for them. In reality the extra money would be nice so they could have more, but it is their real dad that is missing out on everything , he is really the one that is at a lost. I need to stop complaining at least I was lucky enough to find someone to love my children and help support them. I know of other children that do not even have that. The real dad will get what is coming to him oneday and it will probably be from his own children. One day he is going to want and need them and they are not going to be there for him.


Well said. I have a similar situation. I have been remarried for 9 years. My daughter is almost 13 now. Her father and I divorced when she was 1. He has seen her 3 times since the divorce. The last visit was over 2 years ago. I kept thinking as she got older she would ask to see him, but she hasn't. Just recently she and I were talking and she was very hurt by his not being an active part of her life. She told me that it made her sad, but she really was lucky because even though her bio. father wasn't around she still had a terrific "dad". As a matter of fact she calls my husband dad and her bio. by his first name.

Children, as they get older see the nature of people for what they truly are. They do not need us to tell them what to see. No one should be discouraged by that, they should actually be proud. It is your raising of the child(ren) that allows them to have this untainted view.