Best Interest of the Child Standard

[bethlynn]

What is the name of your state (only U.S. law)? Georgia

If I read GA law correctly, a step-parent can adopt a child despite the biological parent's objection if the court finds that the adoption is in the best interest of the child. What does the court consider when it evaluates whether the adoption is in the BIoC?

My husband wants to adopt my 8 year old daughter. Her biological father has not contacted her in over a year, but the Georgia Office of Child Support Enforcement collects financial support from his employer (when he is working).

 

[Isis1]

Google stepparent adoption georgia. Look for a state funded link.

Just remember, once the child is adopted, the child support completely stops unless arrears are involved.

 

[Proserpina]

What is the name of your state (only U.S. law)? Georgia

If I read GA law correctly, a step-parent can adopt a child despite the biological parent's objection if the court finds that the adoption is in the best interest of the child. What does the court consider when it evaluates whether the adoption is in the BIoC?

My husband wants to adopt my 8 year old daughter. Her biological father has not contacted her in over a year, but the Georgia Office of Child Support Enforcement collects financial support from his employer (when he is working).

And bear in mind that much of the time, financial support is considered "contact".

 

[bethlynn]

I've been googling all afternoon and can't find specific information on what is considered in the standard. Can you provide the link I am missing?

PS) the support is a non-issue. bio dad is 15k behind, so the support is not regular enough to depend on anyway.

 

[Proserpina]

I've been googling all afternoon and can't find specific information on what is considered in the standard. Can you provide the link I am missing?

PS) the support is a non-issue. bio dad is 15k behind, so the support is not regular enough to depend on anyway.

...and this is why you need an attorney.

We have seen cases in virtually every State where paying CS a couple of months a year is considered enough "contact" to prevent a stepparent adoption from ever happening.

Please, have a chat with a local adoption attorney. They'll know best how to advise you; because Dad IS keeping up some sort of contact it's better you do this with an attorney anyway.

Adoption is rarely a DIY project and even less so if there is a parent who won't consent.

 

[bethlynn]

Yeah, I agree that an attorney should be my final stop. I just wondered if there was a way to judge the strength of our case on my own. Thanks!

 

[TheGeekess]

Self-help legal resources

For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.

Fulton County Family Court - Home - Family Court This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

DeKalb County Police Department This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

Cobb County Government This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

http://production.albany.ga.us/law_library/LL_forms_family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

Northeastern Judicial Circuit Family Law Information Center and Guardian ad Litem Program - Hall County, Georgia This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

Appalachian Family Law Information Center This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

LegalAid-GA.org | A guide to free and low-cost legal aid, assistance and services in Georgia This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

A list of the Georgia Superior Court Clerks for every county is on this web site: GSCCCA.org - Georgia Superior Court Clerks' Cooperative Authority.

Error Page

 

[bethlynn]

Thanks, Geekess. I may not have been clear in my original post. I am NOT looking for self-help legal resources. I am NOT planning to attempt a step parent adoption on my own. However, I AM looking for information on the standard (best interest of the child) that the court will use when I am in court, arguing that the judge should grant my husband the right to adopt my daughter. I want to know what kinds of facts or circumstances the court will consider to be in the best interest of my daughter. Hopefully that helps clarify my question. Sorry for any confusion.

 

[TheGeekess]

The judge looks at the best interests of the child when determining custody and what will best promote the child's welfare and happiness. The judge considers many factors when deciding custody, including but not limited to: the love, affection, bonding and emotional ties existing between each parent and the child, the child and his or her siblings, half siblings and step siblings and the residence of such other children; the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child; each parent's knowledge and familiarity of the child and the child's needs; the home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors; each parent's involvement, or lack thereof, in the child's educational, social and extracurricular activities; and each parent's past performance and relative abilities for future performance of parenting responsibilities.

Best interest standards in a nutshell.

State Bar of Georgia - Divorce

See also:
Determining the Best Interests of the Child: Summary of State Laws
http://www.childwelfare.gov/systemw...e/index.cfm?event=stateStatutes.processSearch

 

[TheGeekess]

Thanks, Geekess. I may not have been clear in my original post. I am NOT looking for self-help legal resources. I am NOT planning to attempt a step parent adoption on my own. However, I AM looking for information on the standard (best interest of the child) that the court will use when I am in court, arguing that the judge should grant my husband the right to adopt my daughter. I want to know what kinds of facts or circumstances the court will consider to be in the best interest of my daughter. Hopefully that helps clarify my question. Sorry for any confusion.

So, it's too hard for you to call the closest center to you and ask them?

As far as you searching, it took me all of 2 minutes to find the information above using Google and the phrase Georgia best interests of the child adoption.

 

[bethlynn]

Thanks for your sarcasm. This forum seems to be full of it.

I don't know what "center" you're referencing, and no, I doubt a receptionist would be able to answer a legal question acurately. I was hoping to find someone with a legal background that had personal experience with this type of situation.

Congratulations on your quick googling! and, thanks for the information!

 

[bethlynn]

PS) I googled the text you pasted...it seems as though this standard is used to consider custody in a divorce proceeding. I wonder if the same standard will be used to determine whether adoption is appropriate in my situation?

Look what else I found:
Bottom line, the “best interests of a child” is very subjective. Thus, difficult to define and often very frustrating for those who care for a child and have a different point of view as to what would be in a child’s best interest.
http://adoption.about.com/od/lawsandlegalresources/f/bestinterestsofchild.htm

Scary. Another reason why I was hoping to find someone with personal experience.

 

[stealth2]

State-specific results come up easily when you google properly.

 

[bethlynn]

I hope your day and the Geekess' day is much better now that you've insulted someone you don't know. You both seem like you have loads of charm.

And no, they don't always come up easily.

 

[stealth2]

I hope your day and the Geekess' day is much better now that you've insulted someone you don't know. You both seem like you have loads of charm.

I only gave back what you flung. In half of your threads, you've gotten pissy. Here's a news flash - we're all volunteers here. So if you want us to help you - for free - you might temper your attitude a bit.

And no, they don't always come up easily.

Yes, they do. Perhaps you'll do better paying someone for your advice - they might sit still for your insults.