Legal Question in Family Law in Arizona

Relinquishing parental rights

I used to live in Michigan and now live in Arizona. The biological father of my three year old son still lives in Michigan. He signed in front of a notery public, and a judge granting us permission to move here to Arizona. He still has visitation rights but does not see, talk to or write to my son. I am married and have been for two 1/2 years. My husband has raised my son since he was 9months old. The biological Father isn't involved in our lives and hasent been for one full year. Is this abandonment? Can I file to relinquish his rights in this state? By the way my son has no memory of the Biologica Father, he was in and out of our lives for one and a half years and very speraticlly at that. Do I have a case for relinquishing his rights without his permission to do so.


Asked on 3/17/08, 2:23 pm

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

Re: Relinquishing parental rights

If the criteria for abandonment are met (in a nutshell, it is failure to maintain a normal parent-child relationship and failure to provide child support for at least 6 months), then you could file an action to terminate his rights in Arizona and then proceed with adoption by your husband. The termination process is pretty straightforward if he does not object, but it can be more complicated if he seeks to preserve his rights. Of course, if he will sign a consent for your husband to adopt your son, the termination action would not be necessary at all and you could proceed with the adoption.

We offer a free initial consultation, so please call our office (480.792.9770) to schedule a time to speak with one of our attorneys about the details.

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Answered on 3/17/08, 3:09 pm


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