Legal Question in Family Law in Arizona

Adoption Laws in AZ concerning NON Biological Father

I have a few questions regarding AZ adoption / divorce laws

I have a friend who is being threatened to have his visitation taken away from him, by the mother, for a child that is not his but that he has raised since infancy, if they were to get divorced. This couple also has a biological child. The couple has been living apart for some time now (different states, because she took the kids and ran) but she will not let him adopt the non biological child nor have visitation if he pursues divorce again. Said child turns 13 soon and would probably consent to him adopting her as she thinks of him as her father. The wife will not let him have either of the kids for more than 2 weeks (as in over the summer). Isn't there a standard non custodial visitation provision for summer time?

Does he HAVE to have the mothers consent to adoption considering he has been paying support (documented, not mandated) as if both kids were his?

Does the fact that the child turns 13 have any wieght on the issue?

If he were to press for a divorce can the judge mandate in said divorce the visitation of the non custodial child to him?

The children are residents of AZ which is why I ask about their laws.


Asked on 2/05/13, 6:33 am

1 Answer from Attorneys
Rich Peters R.J. Peters & Assoc., P.C.

How long have the children been outside Arizona. HE NEEDS to come in soon. Arizona does have laws which would allow him to pursue rights even as a "non-parent". But, the longer they are away, the more risk that Arizona loses jurisdiction.

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 Paige or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251

Fax (602)254-1229

www.familylawaz.com

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Answered on 2/20/13, 6:08 am


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