[normanjg]

I have a 9 year old son that lives in another state(Vermont). I pay child support through the state of Georgia. I was behind about 6 months because I lost my job, and got a little depressed and contact was limited(no money =no meds) I am back on track now, contacting my son now and paid up to date on my child support. (no arrearage at all) My parents got a letter in the mail saying she is petitioning to terminate my parental rights so her new husband can adopt him. In fact she has told my son that he is only changing his name so he can fit in better (which I am fine with, hurts a little but I am OK if that's what HE wants, which he does). In the letter the lawyer said a copy of the petition was in the letter (it was not), I personally did not get served, or a letter or anything. I legitimated my son when he was born, etc, etc, etc. She moved him to Vermont from Georgia when he was young (against the papers for custody), and is to pay half the cost of any travel needs. (I paid for the plane tickets both ways for him and I to and from Georgia and Vermont.

What are my rights? Can she do this? Terminate my rights without notification? Help... Im retaining an attorney but I need peace of mind until then!

[Auttajasi]

It's my understanding that if you don't willingly give up the rights of your child, it has to go through court proceedings, which pretty much means it will be a character attacking session.
Once you give up your rights as a father though, that is it. You have no legal association or ties with him.
There are plenty of fathers out there that DON'T pay child support and still retain legal standing as a parent. Sounds like you are in it for the best interests of you son.

[normanjg]

I am not scared of the character attack. I have plenty of $$$ on my side and I am sure she cannot afford to make this a heated battle in court. But what are the specifics of what she can do? Time frame, serving me with papers?

[excon]

Hello norm:

Nahhh, they can't take away your rights. She's only asking the judge. Certainly, when you oppose it, you'll win.

The money?? If the only way you can see your son is YOU buying the tickets, then that's what you'll have to do. Yes, you can sue her in small claims court for the money, but you'll probably need to do it in Ga. It's a small price to pay to see your son.

I'm glad you're taking your stand here. And, good for you for being a dad.

excon

[normanjg]

I don't want the money... Could care less about that honestly. I would only use that as a threat. I do not want to her hurt her financially, as this affects my son, I just want to make sure that she has little or no leg to stand on. Does anyone know what the policy is on this?

Does she have to give me 30 or 45 days? She has to contact more than just my parents and sister? What's the scoop?

[excon]

Hello again, norm:

Relax...

There is a court proceeding contemplated and you've been notified. You've hired a lawyer and he'll probably nip it in the bud, unless the other lawyer just wants to rack up legal fees. He's going to know, that unless you're unfit (and I'm sure that's not the case), that he can't win. That doesn't stop lawyers from doing what lawyers do, however.

30 days or 45 days isn't even germane, and all courts are different anyway. The court proceeding, as I said, is CONTEMPLATED, not scheduled. Lawyers don't schedule court dates until much later in the proceedings. And, whether you were contacted directly also isn't an issue. It would be if you MISSED some proceeding, but you haven't.

excon