Legal Question in Family Law in Arizona

My daughter's biological father's name is not on her birth certificate, he first met her when she was 18 months old, he pays no child support (we both signed to stop child support because he was filing unemployment even though he had a good job and only paid for 3 months), has made no effort to see her in the last 7 years since we moved out of state (we have been back 5 times), and has had no contact with her since April 2009 (before that it was once every 4-6 months). My boyfriend (and father of my youngest child) wants to become her legal guardian (as do I). What rights does her biological father have? What steps need to be taken to severe his rights if he has any? And do my boyfriend and I have to be married before he can adopt her or become her legal guardian??


Asked on 9/25/10, 5:04 pm

1 Answer from Attorneys

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

Arizona law would permit a termination of Father's rights based upon 6 months of no contact and 6 months of no support. So you CERTAINLY could seek a termination which would then allow for the boyfriends adoption.

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

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 10/05/10, 8:41 am


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