An adoption disagreement can lead to hurt feelings and a lot of legal back-and-forth between opposing sides. If you cannot seem to find common ground and resolve your issue, you can connect with a Holly Springs contested adoption lawyer from Speights Law.
For 20-plus years, the Holly Springs family lawyers at our law office have helped many families in Georgia put their differences aside to find an arrangement that works for everyone, including the child.
We are ready to partner with you and handle your case. We know the state laws and procedures for adoption dispute cases and will give your case the time and attention it deserves. Contact us today for a confidential consultation.
Understanding Contested Adoptions in Georgia
When an adoption is contested, it means a child’s birth parent or another party does not want a child to live with someone else permanently. They can turn to the courts and challenge the adoption process in a formal proceeding.
The reasons for contesting adoptions can vary, but common reasons include:
- The child’s biological parent did not willingly consent to the adoption.
- The child’s biological parent did not receive proper notice about the adoption or related proceedings.
- The biological parent says they have not left the child behind and that they have a relationship with them.
- There are concerns about the adoptive parent’s ability to care for the child or if the adoption is in the child’s best interests.
Although you may know what is best for the child, state law specifically defines the child’s best interests in O.C.G.A. § 19-8-18(e) during an adoption. The court will review the factors outlined in the law to determine what benefits the child.
Parents have a legal right to defend their interests. Those disputing an adoption can go to court to resolve the matter. They can present their case and evidence to a judge. After weighing both sides, the judge will issue the final decision.
Parents must act promptly, as there are strict deadlines for contesting an adoption. Once an adoption is final, the court cannot alter or reverse the adoption decree.
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770-479-1500How Does the Contested Adoption Process Work?
As noted above, the child’s health and well-being are the state’s main priority when resolving an adoption dispute. The process generally works in this manner:
Initiating the Adoption Process
The adoption process begins when someone files a request to adopt a child. If the biological parent or another individual opposes the adoption, they must submit a written objection within a certain timeframe, typically within a month (30 days) of receiving the official notice about the adoption.
Terminating Parental Rights
A critical aspect of a contested adoption involves terminating the biological parent’s rights. Before the adoption can continue, the court needs clear evidence that the biological parent’s rights can be legally terminated. This determination can be based on proof that the child has been abandoned, neglected, or not supported by the biological parent.
Court Proceedings
After an objection is lodged, the court will arrange hearings where both sides can present their cases. The judge may also take into account expert opinions from professionals, such as psychologists, to determine what is in the child’s best interest.
Possible Results of a Contested Adoption Case
Several potential outcomes can result from a contested adoption hearing:
- The adoption is approved: The court determines the adoption serves the child’s best interests and approves it.
- The adoption is denied: If the objecting party presents compelling evidence, the court may decide the adoption is not in the child’s best interests and deny it.
Timeliness is crucial in contested adoptions, particularly because of strict deadlines. Once the adoption is finalized, the court cannot modify or overturn the decision.
Our Holly Springs Contested Adoption Claim Lawyer Will Handle Your Case
Contested adoptions are legally complex proceedings that require time and patience to complete. They can also be emotionally taxing for both sides. Before we start working toward a resolution, we will talk with you to understand what you want to achieve and provide you with clear, actionable steps.
We will manage every aspect of the contested adoption process on your behalf. We will act in your child’s best interests, as this will be the primary consideration for the court, but we will still aim to protect your needs.
When we represent you, we will:
- Clarify how the adoption process works in Georgia.
- Collect and examine evidence to support your case (e.g., character witness testimony, financial documents, medical reports, school and work records, etc.).
- Identify and address potential hurdles to ensure your case proceeds smoothly.
- Create a legal strategy that addresses your situation’s needs.
- Prepare and file required legal documents promptly.
- Monitor all critical case deadlines and meet them.
- Represent you in court.
- Lead negotiations with relevant parties.
- Appealing an unfavorable court decision.
During this stressful time for your family, we are here to support you. Our contested adoption lawyer in Holly Springs will provide not only legal guidance but also emotional support to help you move forward.
Call or contact Speights Law online today for a private consultation. We offer evening and weekend appointments to make it easier for clients to meet with us at a convenient time.
What You Can Do Manage the Contested Adoption Process
These tips can help you navigate the contested adoption process more effectively, even if you decide to work with an attorney.
- Understand your case’s timeline: Be aware of all case deadlines and court dates to ensure timely submission of documents and attendance at hearings.
- Gather your evidence early: Collect all necessary evidence, such as witness statements, financial records, and medical reports, as soon as possible.
- Communicate openly with your lawyer: Maintain regular and honest communication with your lawyer to keep them informed about any new developments or concerns.
- Prepare for your court hearings: Work with your lawyer to understand what to expect during court hearings and how to present your case effectively.
- Stay organized: Keep all your documents, notes, and correspondence in order to easily access them when needed.
- Follow your lawyer’s advice: Trust your lawyer’s expertise and follow their recommendations to strengthen your case.
- Stay calm and patient: The contested adoption process can be lengthy and stressful. Try to remain calm and patient throughout.
- Prepare for possible outcomes: Discuss the potential outcomes of your case with your lawyer and plan for each scenario, whether it is in your favor or not.
- Seek support: Don’t hesitate to seek emotional support from friends, family, or a counselor to help you cope with the stress of the process.
Speak With a Contested Adoption Lawyer in Holly Springs, GA
Contested adoption cases can last for several months as investigations, hearings, and possible appeals take place. Our contested adoption attorneys in Holly Springs will guide you through every stage, from collecting evidence that supports your case to defending your interests in court.
Reach out to us by phone or contact us online today to schedule a confidential consultation.