Legal Question in Family Law in Arizona
i have sole legal custody of my 5 year old son. The biological father was awarded visitation but never acted on it.It is considered child abandonment. he was ordered to pay child support and didnt until recently when i located where he worked and reported it to child support enforcement. we are both remarried, my husband is military so we are moving out of state. My husband wants to adopt my son. this is the only man my son knows as father. I want to terminate parental rights of the biological father, do i file it in arizona or the state we are moving to virginia. we leave in two weeks.
2 Answers from Attorneys
Generally speaking, the actions for termination/adoption should be filed in the state/county where the child resides. Since you plan to move so soon, it makes sense that these actions would be filed after you move to Virginia - otherwise you will have to return to Arizona on multiple occasions to deal with the hearings in these issues. I can't speak for Virginia law, but in Arizona, if the biological father consents to the adoption, then a separate termation action will not be necessary.
If you move, you may have to delay filing there based upon jurisdictional issues. There are advanatges to filing here, before you go, and perhaps advanatges to waiting.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
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 ask for attorney Carlie Owlsey Walker, who handles most of our adoption matters.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria 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
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