Welcoming a new person into the family is often a joyous occasion for families. But when parties are at odds over an adoption, emotions can spiral, and stressful situations often result. If your family is facing this challenge, a Woodstock contested adoption lawyer from Speights Law can help.
We have guided families through challenging cases for more than 20 years. Our Woodstock family lawyers can navigate complex state law, offer emotional support, and seek a favorable outcome for your case.
We help adoptive parents, biological parents, and other relatives seeking to complete the adoption process. Contact us today for a confidential consultation.
What Are the Legal Grounds for Challenging an Adoption?
When a biological parent or another interested party objects to someone else adopting a child, they can contest or challenge the adoption. These conflicts occur for various reasons, such as a biological parent wanting to keep their parental rights, doubts about whether the adoptive parents are suitable, or concerns about what is best for the child.
Parties can contest an adoption in Georgia for various reasons. The most common are:
- The biological parent did not agree to the adoption.
- The biological parent did not receive proper notice about the other party’s intent to adopt the child.
- The biological parent claims they did not leave the child behind and that they have an active relationship with them.
- Concerns about whether the adoptive parents can do what is in the child’s best interests.
Contested adoption cases can take considerable time to resolve. It’s one reason people hire a lawyer to help them. If you are in the middle of a dispute over an adoption, our contested adoption attorneys in Woodstock can handle your case. Call us today for a confidential consultation.
An Overview of Contested Adoptions in Woodstock, GA
When the court reviews your contested adoption case, it will hear both parties’ arguments, review their evidence and consider the child’s welfare. It is also important to note that birth parents can protect their rights and interests.
Georgia law requires that any challenges to an adoption follow all state laws and procedures. We will comply with both if we handle your case.
Below is an outline of how contested adoptions are handled in Georgia:
Filing the Petition to Formally Contest the Adoption
When a party wants to adopt, they must file a petition to start the process. If the biological parent (or another person) learns of this intention to adopt and wants to challenge it, they must formally file an objection by a certain deadline. This is usually within 30 days of receiving formal notice about the adoption process that is underway.
Termination of Parental Rights
A court must lawfully terminate the birth parent’s rights before a contested adoption can proceed. If a judge finds evidence that supports terminating their rights, it will do so. Abandoning or neglecting the child or not providing for their needs are some reasons a court may take this step.
Court Hearings
Once a contested adoption is filed, both parties must meet in court during scheduled hearings. Each side will get to make their case in these proceedings and support their claims with evidence. Additionally, the court may hear from experts, such as psychologists, to review what promotes the child’s well-being.
You can expect the judge to review how Georgia law formally defines the child’s best interests in an adoption and adhere to it.
Preparing for the Outcome of a Georgia Contested Adoption Case
After a judge hears from both sides, they will make a decision. The possible outcome of a case can lead to the following:
The Court Grants the Adoption
When the court grants the adoption, it means the judge has decided the adoption is in the best interest of the child. This usually happens after a thorough review of all the evidence and testimonies from both sides.
The judge will consider factors like the stability of the adoptive parents, the child’s needs, and any objections from the biological parents. Once the adoption is approved, the adoptive parents gain all legal rights and responsibilities for the child, and the child becomes a permanent member of their family.
The Court Denies the Adoption
When the court denies the adoption, it means the judge has decided the adoption should not happen. This can occur for various reasons, such as:
- The biological parent did not consent to the adoption.
- Concerns about the adoptive parent’s ability to care for the child.
- Doubts about whether the adoption is in the child’s best interest.
If the judge denies the adoption, the child remains in their current legal situation. Further legal action must address any changes to custody or parental rights.
How Our Woodstock Contested Adoption Lawyers Can Help
When you come to Speights Law, you will work with a legal team that understands what you are going through. You are not alone in your fight. We will listen to you and determine how we can help you and your family. Even if you are a stepparent or another relative who is interested in adoption, we can provide counsel.
Our Woodstock contested adoption dispute lawyers will explain your rights, legal options, and what you can expect. When we handle your case, we will take care of every task. We will:
- Explain the basics of your adoption case: This includes ensuring you understand how the adoption process works in Georgia.
- Gather evidence: We will investigate the situation and collect proof to support your case. This includes home studies, statements from people who know you, financial records, medical records, legal documents, and reports from a guardian ad litem.
- Address legal obstacles: We will identify and deal with any legal problems so we can stay focused on getting a good result for you.
- Develop a legal strategy tailored to your situation: We will create a plan that fits your specific situation.
- File legal documents: We will prepare and submit all necessary legal papers on time.
- Track deadlines and communications: We will keep an eye on all important deadlines and stay in touch with everyone involved.
- Represent you in court: We will speak for you and present strong arguments in court.
- Negotiate with opposed parties: We can work with the other side to try to settle your case.
- Appeal the court’s decision if necessary: We will challenge the court’s decision about the adoption if it doesn’t go your way.
Your case will likely involve multiple steps. We want to start working for you right away, so we urge you to connect with our team as soon as possible. Call us now to schedule a confidential consultation.
Tips for Handling a Woodstock, GA, Contested Adoption Case
Navigating a contested adoption case can be challenging, but with the right approach, you can manage the situation and remain present as you work through your case. Here are some tips to consider:
- Stay calm and focused: Emotional stress is common in these cases, but maintaining a clear and calm mindset can help you make better decisions.
- Communicate openly with your family lawyer: Keep your attorney informed about all details and developments. Honest and open communication is crucial for a strong case.
- Gather and organize evidence: Collect all relevant documents and evidence to support your case. Your evidence can include character witness statements, financial records, and medical records.
- Follow legal advice closely: Trust the guidance of your lawyer and follow their recommendations carefully. They know how to navigate your case.
- Prepare for court appearances: Be ready to present your case in court by understanding what to expect and practicing your testimony if needed.
- Consider the child’s best interests: Always keep the well-being of the child as the top priority in all your decisions and actions.
- Stay informed about your rights: Understand your legal rights and obligations throughout the adoption process to ensure you are prepared.
- Be patient: Contested adoption cases take time to resolve. Patience and persistence are key to managing the process effectively.
- Seek support: Lean on friends, family, or support groups for emotional support. Dealing with a contested adoption can be draining, so having a support system can make a big difference.
Call Us for Help from Our Contested Adoption Lawyers in Woodstock, GA
Contested adoption cases can be emotionally trying, and parties can be engaged in a dispute for a considerable time. There are multiple steps your case must go through, including hearings, investigations, and possibly appeals.
The Woodstock contested adoption lawyers at Speights Law will be by your side for the entire process, looking out for you and the child. We are ready to handle your case. Reach out to us by phone or contact us online today to schedule a consultation.