Legal Question in Family Law in Arizona

I am 16 and have a three month old daughter with a 20 year old. He is hardly ever around. He saw her about five times and each time the visit was about four hours long. Since last month he hasn't made any contact and has not helped financialy ever. I want to terminate his parental right how would i be able to do that???


Asked on 7/28/10, 11:18 am

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

In order to terminate his legal rights, you'd have to be able to show that he's abandoned her in the legal sense (generally, this means no contact and no support for at least 6 months), and that terminating his rights is in her best interests. Even if he's abandoned her, it's difficult to get the court to terminate his rights unless you are married and want to have your spouse adopt her.

If there are no orders regarding paternity/custody/parenting time/child support, then he does not have any "rights" at the moment anyway. If he files a paternity action, or if you decide you want to file to establish child support, I recommend you speak with an attorney to determine your best course of action.

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Answered on 8/02/10, 11:37 am
Rich Peters R.J. Peters & Assoc., P.C.

Unless you are terminating his rights so that the child can be adopted, it may be difficult to gain the termination over his objection. Might he consent to the termination?

We can certainly help you consider and then pursue.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 8/03/10, 7:43 am


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