Legal Question in Family Law in Arizona

Re: What happens to my child if I die?

In order to insure your wishes, your boyfriend would have to adopt the child. In order for him to adopt the child, the natural father's rights would need to be terminated. Termination can be accomplished for several reasons, one of which is abandonment: 6 months or more of no contact and no support.

Otherwise, if you simply leave a will with a guardianship provision which appoints your boyfriend as the guardian, the natural father can certainly contest such. The presumption will be, in that unfortunate instance, that the natural father is the preferred individual for custody.

I can explain the procedures and law better by phone or in person. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Re: What happens to my child if I die?

Your question is a good one but more information is needed to properly answer it. Although you can designate your current boyfriend as the guardian of your minor child in your will and/or trust, it could be challanged by the biological father. There are a few options available to you such as agreeing to waive the back child support in exchange for his agreement to relinquish guardianship of your son to your boyfriend, or agreeing to waive his parental rights entirely. I know this is something he may not want to do but sometimes money can be a powerful motivating factor and, as I said, I do not know enough about your situation to know if this would be a viable alternative.

In addition, you may work out some compromise with him that is a combination of factors. Without more information, it is difficult to give you the best answer. Please contact my office to discuss your situation in more detail. (480) 998-1500.

Thank you,

Jared Simmons