Legal Question in Family Law in Arizona

my son is seven months old, his biological father has never been there since i got pregnant, and hasnt paid a dime of child support and is not on the birth certificate...my fiance wants to adopt my son, would i need his fathers permission to do so?


Asked on 4/10/10, 12:48 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

Yes. Paternity must first be established. Dad can make it easy and admit to it or make it hard and require a test. Either way, once it's proven he's the father, then you can ask the court to remove his parental rights due to abandonment, or he can voluntarily agree to give up his parental rights.

Let me know if there is anything else I can do to help.

Thank you,

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Answered on 4/18/10, 11:19 am
Rich Peters R.J. Peters & Assoc., P.C.

No. You can seek to terminate his rights and proceed with an adoption even over his objection. BUT, if he did consent, it would make things easier.

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

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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ 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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Answered on 4/19/10, 9:21 am


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