Legal Question in Family Law in Arizona

Re: voluteeringly relinguishing parental rights

Under the law it is not possible to voluntarily relinquish responsibility for a child you have biologically parented. The law requires parents to step up to the plate and support their children financially. While it may seem as if this is an odd rule in a situation where the mother is keeping the child away from the father, and where a step-parent has basically taken over the father's parenting role, the law is in place to protect the child's well-being and also to protect the state (and its taxpayers) from being financially responsibility for a child for whom a parent exists. The law does not assume that the child's mother will remain married to the step-parent, or that the step-parent will feel responsible for the upbringing and costs associated with raising a child, and instead, places that financial burden squarely on the actual parents - the child's actual father and mother. An exception might be made in a case where the step-parent chooses to adopt the child and the actual parent does not object.

Although you did not ask, your husband is not helpless regarding the right to see his child. Arizona law strongly encourages parental contact with a child, even in cases of divorce, and even in cases where there is a step-parent in the child's life. If your husband would like to resume contact with his child, in almost all cases (the exceptions being where a parent is a danger to the child), the court will award the non-custodial parent substantial visitation.

If your husband would like to pursue visitation rights, he may wish to contact a family law lawyer to help him understand his parental rights and obligations. If the child's mother is willing, they may wish to pursue mediation, which is a low-key, lower cost means of working out an agreement between two people who have a conflict. I am a lawyer but I am strictly a mediator in the family law area. However, feel free to contact me if you need a referal to a family law lawyer. I know several that I trust. You can also read more about mediation at my web site, www.yesmediation.com.

Re: voluteeringly relinguishing parental rights

There are no steps to accomplish this UNLESS the Mother agrees to do so. Then, there need to be two separate agreements drafted: one for Father to consent to the termination of his parental rights; and one for Mother to consent to the waiver of child support.

Mother may have no incentive to reach such an agreement at this tie. However, if your boyfriend begins re-asserting his right to access, which he has the absolute right to do, she may then be more inclined to discuss the termination. This must be done very carefully.

I can explain the procedures better by phone or in person. 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 Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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