Legal Question in Family Law in Arizona

Re: Parental rights

If the child was born out-of-wedlock and the child's official state-issued birth certificate does not identify by name the child's biological father, and there has never been a court-imposed order for child support, odds are that the biological father is not (and never has been) the child's "legal" father.

In essence, in the eyes of the law, the child has only ONE "legal" parent (the mother). That being the case, the only consent that is required for the stepparent adoption is the consent of the child's only legal parent (the mother). However, depending more the particular facts and circumstances of the case, it may be necessary to at least provide the biological father with notice of the adoption proceeding.

If you, your husband and the child all reside in Oregon, proper location for the stepparent adoption proceeding would be in this state (Oregon), regardless of whare the child was born.

The legal procedures can be somewhat complex. It is best to have lawyer handle the matter, which is what I do.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

Re: Parental rights

We would need to file a Petition to Terminate the natural Father's rights, and then a Petition for Step-Parent adoption.

We can absolutely help.

We can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call my office directly to discuss the specifics of your case, or contact my assistant Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation. Please ask that such be scheduled with attorney Carlie Owsley Walker, who handles these types of matters in our office.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254.1229 (facsimile)

see our web page at www.familylawaz.com