Legal Question in Family Law in Arizona

Re: relinquishing parental rights and adoption

Under Arizona law, 6 months of no contact and no support is considered "abandonment", and does provide a basis to file fo Termination of Parental Rights. Then, a Judge will have to determine (if the termination is contested) that termination & adoption is in the child's best interests. Dad does not have to "consent", but of course it is easier if he does.

I can explain the procedures better by phone or in person. 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.

As far as costs, please know that we charge $175 per hour. And would need a $1,750 retainer in this type of case. You will also need to pay for a "home study" which si required by law, where a counseor comes to your home and interviews you and your Husband.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & 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

Re: relinquishing parental rights and adoption

Thank you for your inquiry.

I am licensed to practice in Arizona, so my response is based on my knowledge of Arizona law.

In AZ, abandonment is one of the grounds for termination of parental rights. In simplest terms, abanadonment is the failure to maintain contact or provide support for the six months prior to the filing of the petition.

Once the biological parent has been severed (either by termination or by consent), the adoption can proceed. In fact, the Maricopa County Attorney's office provides no-cost step-parent adoptions (you still have to pay for the home study).

You will probably not have grounds to file the petition for termination if he makes contact with the child before the time the petition is filed/served. Since Christmas is approaching, you may want to consider filing no later than mid-December in order to prevent a Christmas gift or phone call from causing you to have to wait another six months.

If you would like to discuss termination of parental rights with me, please contact me directly. I can be reached by email at [email protected] or you can leave a voicemail at (480) 792-9770.

/s/ Monica H. Donaldson