Legal Question in Family Law in Arizona

There are procedures for terminating the father's parental rights, that include a presumption of abandonment after 6 months of no contact. However, it can be difficult to severe the parental rights, which has to be done prior to your fiance's ability to adopt your son.

As part of the name-change process, the father must be given notice; however, the name can also be changed in the course of an adoption. In order for an adoption to take place, you must be married before the application is filed. The father's rights must be terminated, either by his consent to the adoption or by a separate severance action. The adoption cannot be final until you've been married for a year.

This is an extremely simplified explanation of what is likely to be a more complicated process, so please feel free to call our office to schedule a free initial consultation to discuss the name change/adoption issues.

At a minimum, you could and should immediately seek to "Terminate" father's parenting rights. THEN, you can file for adoption.

We can certainly help you consider and then pursue your options for termination and adoption.

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 call us directly to discuss the specifics of your matter, or contact my assistant Alicia 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