Bringing a new member into the family is usually a happy event. However, when someone challenges the adoption process, this joyous occasion can now become a stressful situation for everyone, including the child.
Contested adoptions can bring about many legal and emotional challenges that can be hard to navigate without professional legal help. A Roswell contested adoption lawyer from Speights Law is ready to take on your legal fight.
Our Roswell family lawyers have helped Georgia families overcome legal challenges for more than 20 years, so we have the knowledge, experience, and resources to lead your case. Call us today for a confidential consultation so you can review your legal options.
What Does It Mean When Someone Contests an Adoption?
When someone contests an adoption, it means one or more parties do not agree with the adoption process or outcome. Such a challenge can add layers of legal complications and stress to what should be a joyful occasion.
In a contested adoption, there can be disagreements about:
- The birth parents’ rights.
- If the birth parents voluntarily consented to the adoption.
- If the birth parents were properly informed about the adoption proceedings.
- If the adoptive parents are a good fit and can meet the best interests of the child.
These arguments can happen for different reasons, like if a birth parent changes their mind about the adoption, if the birth parents disagree with each other, or if relatives or guardians have concerns.
How Does the Contested Adoption Process Work in Georgia?
When disputes can arise during an adoption, parties must resolve them in court. Understanding the steps of a contested adoption can help you prepare for what lies ahead.
Here’s how the process generally works:
- Filing the petition: The adoptive parents or their lawyer must file a petition for adoption with the court. If a biological parent contests the adoption, they must file an objection usually within 30 days of receiving notice about the adoption.
- Investigation: The court may order a social worker or guardian ad litem to investigate the circumstances and make recommendations about the child’s best interests.
- Mediation and negotiation: Courts can encourage parties to attend mediation to resolve their disputes without a trial.
- Court hearings: If mediation fails, the case proceeds to court hearings. Both sides present their evidence and arguments. The judge listens to all parties involved, including testimonies from experts like social workers.
- Judicial decision: The judge decides based on the evidence presented, always prioritizing the child’s best interests. Their decision can include approving the adoption, denying it, or setting conditions that parties must meet before the adoption to proceed.
It’s important to note that if the court grants an adoption, that decision is final. The court cannot modify or reverse the judgment granting the adoption. This is why our team of Roswell contested adoption attorneys handle each case very carefully.
Speak with an attorney as soon as possible. We can review each of these steps with you and answer your questions. Call us today to get started during a confidential consultation.
Ending Parental Rights Key Part of a Contested Adoption
Terminating a birth parent’s rights must happen before an adoption can move forward. The court will decide this important matter after considering the evidence in the case. If it finds proof of abandonment, parental neglect, unfitness, or failure to support the children, it could end the birth parent’s rights.
However, terminating a biological parent’s rights is a high burden to prove. Adoptive parents must bring forth clear and convincing evidence to support terminating a birth parent’s rights.
How Our Roswell Contested Adoption Case Lawyers Can Help
Granting an adoption is a significant and final decision. Once the court approves an adoption, it cannot change or revise the judgment. Because of this, courts carefully consider all aspects of the adoption from both sides.
You should consider contacting a Roswell contested adoption attorney immediately who can protect your rights and guide you through a complex process. At Speights Law, we understand the sensitivity and urgency of contested adoption cases.
We offer our clients:
- Decades of experience in Georgia family law: Our lawyers are up to date on the state’s family laws and can provide professional, straightforward counsel advice. We can anticipate any legal issues and create a legal strategy that meets your needs.
- Empathy and understanding: We understand how contested adoptions can affect everyone involved, including the child. We provide compassionate support to help our clients see their cases through from start to finish.
- Concern for their child’s best interests: Our primary focus is always on what benefits the child. We strive to ensure we secure a safe, stable, and loving environment for them and that every decision meets the criteria under state law that determines if an adoption is suitable.
You Can Leave Your Entire Contested Adoption Case to Our Legal Team
We will cover all the steps in your Roswell contested adoption case while you take care of other tasks. We can begin with a private consultation to understand your situation, explain how the adoption process works in Georgia, and advise you on the actions we can take on your behalf.
Our Roswell contested adoption dispute lawyer will prepare and file all petitions on time, complete an investigation, and represent you in court if we cannot resolve the issue with the opposing party outside of court. We will also monitor your case deadlines and requirements.
Failure to take care of either of these can result in the court denying your petition or objection, so we urge you to act promptly.
Call Today for Help With a Contested Adoption in Roswell, GA
Working through the process of resolving a contested adoption can be easier to manage with an attorney on your side. A Roswell contested adoption lawyer at Speights Law understands the challenges of these cases and will advocate for the best outcome for the child and your family.
We are here to help you through this difficult time and can provide legal representation that protects you. Call us today to discuss your situation and next steps during a private consultation.