Legal Question in Family Law in Arizona

Terminating mothers rights

My husband has had custody of his 9 yr old daughter for 3yrs and since March 03 has had sole legal custody. The mother has not spoken to or seen the child since Jan. 03. She has failed to comply with court orders (drug testing, parenting classes, child support) Her last known address is her mothers and her mother says she has not lived there in 2 years. We have no idea where she is and want to have her rights terminated so I can adopt her. What do I do, since we have no way of contacting her and no address? And if she does contest it, what are the chances of her not getting a chance?


Asked on 8/10/05, 9:03 pm

2 Answers from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Terminating mothers rights

Thank you for your inquiry.

It sounds like you are talking about filing an action to terminate the mother's rights based on abandonment. If the court does sever her rights, then the adoption can proceed.

Both steps (termination and adoption) require a study/report by an adoption agency. This involves a background investigation and providing a gread deal of personal information.

We offer a free initial consultation, so please contact my office to schedule a time that we can meet to discuss the details of your case.

Sincerely,

Monica Donaldson

(480) 792-9770

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Answered on 8/10/05, 10:42 pm
Rich Peters R. J. Peters & Assoc., P.C.

Re: Terminating mothers rights

In order to terminate her rights, you can ask the Court to allow her to be served by publication. Given the facts as you've stated, I would not like her chances of being able to defend the termination.

I can explain the issues and procedures better by phone or in person. As you can imagine, 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.

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

/s/ Rich J. Peters, Attorney

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R. J. PETERS & 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

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Answered on 8/17/05, 11:52 am


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