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    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #21

    Aug 23, 2009, 02:24 PM
    Quote Originally Posted by jseguilaw View Post
    i should say do your own legal research, but i'll humor you:

    to find the forms necessary to file this yourself, georgia has 159 counties (georgia.gov - List of counties), and you'll have to call the clerk of superior court in each county (GSCCCA.org - Superior Court Clerks - Search by County_Name) and have them pull termination of parental rights cases to find one that was granted by consent of the parties.

    georgia law recognizes a voluntary contract releasing parental rights. see 19-7-1. a parent can, by voluntary relinquishment, contract away his or her parental rights. see also Columbus v. Gaines, 253 Ga. 518 (1984). in that case, my dear doubting thomas, the court found "that the father had contracted away his parental rights to another aunt, thereby becoming estopped to claim parental rights."

    19-7-1 provides "(b) Parental power shall be lost by: (1) Voluntary contract releasing the right"
    Could it be that yet again we are talking only parts of the story ?

    Here again we are talking about a case that involved a state agency and also had caus to show that staying with the father was not in the child's best interest. Abandonment was filed against the father. There was another parent figure ( an aunt ) that was willing to take the child. This situation wasn't voluntary at all.

    I believe this is the case that you had quoted ?
    Browse Caselaw

    Columbus vs Gaines
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #22

    Aug 23, 2009, 05:25 PM
    Quote Originally Posted by jseguilaw View Post
    I probably won't answer any more questions. Apparently I've ruffled your feathers, so I'll not return here. Congratulations.

    I will respond quickly: the question asked about Georgia. I answered the question.
    I'm going to try this once again. First I searched through your posts and didn't find any post where you said you were not a lawyer. I did find a couple of posts where you indicated you were. So I'm not sure what was being referred to but it seems a mistake was made there.

    However, you seem to gotten off on the wrong foot. After reviewing your posts, it appears that you have taken offense in several threads where no offense was intended.

    The custom on this site, especially when giving specific legal advice is to provide a link or cite to support that advice. You did not do this in a few posts so you were asked to provide that info. Instead of doing so, you took offense and became argumentative. What is worse, is that your posts were not too clear on the law and so were ambiguous which made them not very helpful. Notice my response to the thread about a child choosing which parent. That's how you should have responded to the question.

    Anyone's advice is welcome here as long as its accurate and helpful. If you follow the rules and customs of this site them you won't run afoul of the other members as YOU have done. I will also add that you answers in this thread and the other I mentioned were not very good in applying the law to the OP's situation.

    So, if you decide to no longer participate on this site, that is your decision. As a new member it would have made more sense to try and get a sense of how this site works before jumping in. But if you want to continue to contribute, you will be welcome as long as you watch the accuracy of your response, provide cites where applicable and stop fighting with other members.

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