Legal Question in Family Law in Arizona
I am getting married and my husband would like to adopt my son. My sons biological father hasn't talked to me since i was pregnant with him and has never even seen him. he is not on the birth certificate or ever attempted to see him. what is the easiest way to go about this adoption? i am afraid if i ask him to sign over rights he wont because he is just that type of person. my son is now over three years old. thanks!
2 Answers from Attorneys
In order for your husband to adopt, the biological father must either consent, or his rights must be terminated (in this case, on the grounds of abandonment). Although the termination of his rights can be started now before you are married, the adoption cannot be started until after you are married (it can't be final until you've been married for a year). We offer a free initial consultation, so please call our office to schedule a time to meet with Attorney Kristy Blackwell about the details of your situation. She can discuss your options and help you decide on your best course of action.
You can likely obtain a Termination even without his consent based upon "abandonment". However, he will need to be served with the Petition for Termination of Parental Rights.
We can certainly help you consider and then pursue your options for Termination AND Adoption. 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 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