Legal Question in Family Law in Arizona

Termination of parental rights and adoption

To whom it may concern: I am trying to find out how to go about terminating my ex-husband parental rights and allow my current husband to adopt my two children. I am not sure where to get the forms or what the law says. I am also not sure if it will be possible to do this. We have not seen my ex-husband in 4 years and my children do not know who he is. They call my husband dad and that is all they know. If you could please direct me in correct direction I would appreciate it. To add to my ex we have also not recieved any form of child support in 2 years and even then it was one check. I have asked the state or Oregon to stop trying due to we can take care of them ourselves and he never has a steady job. No one is sure of where he is. Somewhere in Oregon with a new family. I know live in Arizona and have been married for almost 2 years.


Asked on 1/26/05, 8:55 am

2 Answers from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Termination of parental rights and adoption

Sent 1/26/2005

I would expect that you could terminate his rights easily. Such requires a "Petition to Terminate", which in some manner must be served upon the Father. There will also need to be a "home study" performed.

I can explain the 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 Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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JON C. DAKE & 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 1/26/05, 9:21 am
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Termination of parental rights and adoption

Terminating the father's parental rights will require the filing of a petition in the juvenile court, a home study performed by an adoption agency, notice to the father (if he can't be located, this can be done by publication), and a hearing before the court. If he doesn't show up for the hearing, then the termination will be granted and the adoption can proceed.

I offer a free initial consultation, so please contact my office to schedule a time that we can speak about the details.

Sincerely,

Monica Donaldson

(480) 792-9770

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Answered on 1/26/05, 11:28 am


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