Legal Question in Family Law in Arizona

How hard would it be to adopt our 2 grandchildren? We have had legal guardianship since May 21, 2006 with no help from either parent, but we think the mother (our daughter) will fight it. They have actually been with us longer. The oldest is 6 yrs 4 months and the younger is 4 yrs 7 months. the youngest has been woith us since he was 11 months. We let her visit the children whenever she wants and we would still do that if we adopt them.


Asked on 7/26/10, 2:24 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Thank you for your email.

In order to adopt the children, you would have to sever the parents' legal rights. This can be done with their consent, or you can file an action with the juvenile court to terminate their rights if they have legally abandoned the children. You did not mention whether the father has had any contact with the children - if he hasn't, then he may be willing to consent (if you can locate him), or you may have grounds to terminate his rights. If the mother sees the children on occasion, then you might not be able to show abandonment on her part (it depends on how frequently she visits and how long ago she last visited). She may be willing to consent if she knows you are willing to maintain her contact with the children, but without her consent you must be able to prove legal abandonment.

We offer a free initial consultation, so please contact our office at 480.792.9770 to schedule a time to speak with one of our attorneys to discuss your situation in greater detail.

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Answered on 7/26/10, 5:39 pm
Rich Peters R.J. Peters & Assoc., P.C.

We can certainly help you consider and then pursue your options for adoption. You may have the legal bases to terminate the natural parents' rights even over their objection (although perhaps at least father would consent).

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 ASK FOR ATTORNEY CARLIE OWSLEY WALKER, WHO HANDLES MOST OF OUR ADOPTION MATTERS.

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 7/27/10, 10:26 am


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