When two parties disagree over an adoption, their dispute may end up in court, where a judge makes the final decision. The situation can be tense and leave everyone feeling stressed, including the child.
If you are in this situation, you don’t have to handle it alone. For over 20 years, the Alpharetta family lawyers from Speights Law have led cases and helped Georgia families move past their differences and find a solution that works for everyone.
We know the state laws and procedures that govern adoption dispute cases, so we can lead your case and use the evidence to support your position. Contact us today for a confidential consultation with one of our Alpharetta contested adoption lawyers.
What Is a Contested Adoption?
A contested adoption means a biological parent or another party opposes the placement of a child with another individual. If they do not want the child to live with another person, they can challenge the adoption.
Reasons for contested adoptions vary by the situation. However, some reasons people oppose adoptions are as follows:
- The birth parent did not willingly agree to the adoption.
- The birth parent was not properly notified about the adoption process.
- The birth parent claims they have a relationship with the child and have not deserted them.
- Concerns exist regarding adoptive parents’ ability to adopt the child or whether the adoption is in the child’s best interests.
While you may know what the child’s best interests entail, state law formally defines these interests in O.C.G.A. § 19-8-18(e) in an adoption. The court will consider the factors listed in the law when determining what benefits the child.
Parents still have the right to protect their rights and interests. Disputing parties can take legal action to resolve an adoption disagreement. They can make their arguments and present evidence before a judge, who will make the final decision. However, parents must act quickly. Adoptions have very clear and set deadlines that must be met in order to contest an adoption. Once an adoption is final, the court cannot revise or modify an adoption decree.
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770-479-1500What Does the Contested Adoption Process Involve?
State laws in Georgia prioritize the child’s well-being in contested adoptions. Here is an overview of how these adoptions work:
Starting the Adoption Process
The process begins when someone files a request to adopt. If the biological parent or another person objects to the adoption, they must file written documentation expressing their objection within a certain period, usually within 30 days of receiving official notice about the adoption.
Ending the Birth Parent’s Rights
A key part of a contested adoption is ending the biological parent’s rights. Before the adoption can continue, the court must receive clear evidence that a biological parent’s rights can be legally terminated. This decision can be based on proof of the child being left behind, neglected, or unsupported.
Court Hearings
After an objection is filed, the court will set up hearings where both sides will present their arguments. The judge can also consider the professional opinion of experts like social workers and psychologists to decide what best benefits the child.
Possible Outcomes of an Alpharetta Contested Adoption Case
Several things can happen after a contested adoption hearing:
- The court can approve the adoption: The court agrees to the adoption, deciding that it is in the child’s best interest.
- The court can deny the adoption: The court rejects the adoption if the objecting party proves the placement does not benefit the child.
Our Alpharetta Contested Adoption Case Lawyers Will Lead Your Case
Handling contested adoptions can be emotionally and legally tough. Before we begin your case, we will meet with you privately to discuss it and give you clear advice on what to do next.
We will take care of the entire contested adoption process for you. We will:
- Explain how the adoption process works in Georgia.
- Gather and review evidence to support your case (e.g., statements from character witnesses, financial records, medical reports, etc).
- Identify and solve any legal issues to ensure your case can proceed.
- Create a legal plan that fits your situation and addresses its unique needs.
- Prepare and submit all necessary legal paperwork on time.
- Keep track of all important deadlines.
- Represent you in court.
- Lead negotiation talks with other parties.
- Appeal the court’s decision if it does not help your case.
While it might be a hectic time for your family, we will be there for you. Our contested adoption lawyer in Alpharetta can provide emotional support while advising you on how to move forward.
Call Speights Law today for a private consultation. You can set up an evening or weekend appointment if it is easier for your schedule.
Speak With a Contested Adoption Lawyer in Alpharetta, GA
Contested adoption cases can be prolonged, often taking several months to conclude due to investigations, hearings, and possible appeals. Our contested adoption attorneys in Alpharetta will assist you at every stage, from collecting evidence that supports your case to defending your interests in court.
Whether we handle your mediation, court hearings, or appeal, we will provide thorough legal support to protect your rights and the child’s well-being. Reach out to us by phone or contact us online today to schedule a consultation.