Legal Question in Family Law in Arizona

My husband's teenage daughter (at the time) had a child born in 1999. Her and the father were both on meth and other drugs. The paternal grandmother cared for the baby as her was left with her for days on end. This grandmother was ill, but her son was sent to prison (he's been in and out all his life) and she petitioned for custody of the baby and both parents rights were temporarily terminated. I married my husband soon after, recommending that we have scheduled visits with him at least 2x a month. He was 6 months old at this time. Over the years, the paternal grandmother become more ill, having a total of 5 heart attacks. She has cancer, misuses her pain medication, etc. and at the age of 4 agreed that he should live with us. she got some form, stating she was signing custody over to us and signed it in front of a notary. We have had our grandson since that time, providing all care and financial support, school, my husband coaches him in sports and I am at home all the time, with a non-terminal, non-debilitating disability. The pat. grandmother has little to do with him, but her son is getting out of prison again, in a year, and she insists that he should be able to take our grandson whenever he wants. Our grandson, now almost 11, has no interest in seeing him. He's not seen him but during one brief visit when he was out of prison for a short time. We would like, and our grandson would like, to legally adopt him. Do we need anyone's permission to do this, other than the courts?


Asked on 10/01/09, 3:03 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

In order to adopt, you would need both parents to consent, or you would need to legally terminate their rights on the grounds of abandonment. If this is not feasible or appropriate, you should consider obtaining legal custody through the court; the notarized document from the grandmother is not a substitute for a court order.

I recommend you contact attorney Kristy Blackwell in our office (480.792.9770) for a free consultation to discuss your situation. She can assist whether the case is appropriate for termination/adoption or custody.

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Answered on 10/06/09, 6:24 pm


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