Legal Question in Family Law in Arizona
Parental rights
I am currently engaged to a wonderful man who would like to be my daughters legal father. My daughter is 13 years old her biological father is not on her birth certificate, has never paid any child support and basically has never been part of her life. The little bit of dealings my daughter had with her biological father has caused her to not want anything to do with him. She would like for my fiance to be her legal father and he would like this as well. What is it that we need to do to make this happen?
2 Answers from Attorneys
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
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