Legal Question in Family Law in Arizona
my husband would like to adopt my son. My sons biological dad has seen him maybe 2 times in the last year and only asks "how he is" every couple of months by text messages. He doesn't pay child support either and hasn't since my son was born. We have asked my son's biological dad a couple times to let my husband adopt my son but he said no both times. My husband is in the military and we are stationed in Arizona but we are still considered residents of Iowa and that is where my sons biological dad lives. So my question is what state should we file in and if we did file what are the chance's that it turns out the way we want it to?
1 Answer from Attorneys
How long has the child lived in Arizona? If the child has lived in Arizona more than six months, we can file here in Arizona.
Under Arizona law, you could file to terminate Father's rights under a theory of abandonment. From what you have written, it seems you would have a strong case EVEN IF DAD resisted. Once his rights are terminated, we then can file for 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 ASK FOR ATTORNEY CARLIE OWSLEY WALKER, who handles most of our termination/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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