Arizona Adoptions Legal Questions

I would suggest contacting Southern Arizona Legal Aide (if in Southern AZ) or Community Legal Services (if in Metro Phoenix or northern AZ) for help.  A google search will get their website and contact information. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*... Read More

Your best bet is to file a Petition for Custody by a non-parent in the Arizona Superior Court, Family Division. Since you have cared for her for 2 years, you have acted like her parent, and therefore can show that you stand "in loco parentis" to her parents.  In order for you to get full legal and physical custody, you will need to show that her parents are unfit to care for the child. There is a presumption that the child is best parented by her biological parents, therefore you will need to show that they cannot care for their daughter.  With the custody papers you can also ask that the parents be require to pay child support to you. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*... Read More

You will need to terminate his parental rights and one of the reasons you can ask for the termination is based on the grounds of abandonment.  To show that the father has abandoned his child is to show that he has failed to maintain a normal parent-child relationship with your son for r a period in excess of six months.  You will need to file a Petition to Terminate a Parent-Child Relationship in Juvenile Court.  Then you will need to serve him with the Petition and an order to appear at an initial termination hearing.  You will also need to show that it is in your son's best interest to terminate the parent-child relationship.  This is typically easier to show then the abandonment.  You may need to obtain a social study from an agency that shows it is in your son's best interest, but this can be waived (not required) by the judge. Once the termination is granted, then you can have your new spouse adopt your son, but you have to be married for at least one year prior to the adoption being finalized. Once your son is adopted by your spouse, he can have a new name and will be issued a new birth certificate showing your spouse as his father.  *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*... Read More

In Arizona, since you have been married to your husband for over 1 year, you can petition the Juvenile Court for a step-parent adoption.  First you would have to terminate the parental rights of the 2 known men plus John Doe (since there is no father on your daughter's birth certificate).  This would be done by filing a Petition to Terminate the Parent-Child Relationship between your daughter, the 2 named men, and john doe.  If you don't know where the 2 named men are, you will need to show the judge that you made diligent attempts to locate them to give them notice that you are terminating their rights.  Then you will need to publish the hearing date on your petition in the paper (this will need to be done regardless, since there is a John Doe involved).  Once the publication is complete, then you would take that notice to the judge on your hearing date and he would terminate the parental rights of the 2 fathers and John Doe.  In the event that you were able to locate one or both of the named fathers, then you would need to serve them directly with the Petition for Termination.  The fathers then have the right to contest the termination of their rights, but they have to show up in court to do so.  If they fail to appear, then you can proceed by "default" and the judge will terminate their parental rights that day. Once the parental rights are terminated, then you would file a Petition to have your husband adopt your daughter. At an adoption hearing, the judge will finalize the adoption and your child will be issued a new birth certificate (in about 90 days, you would have to request it) showing her "father" is your husband. There are two home studies that are required as apart of this process.  Once is a severance social study that would recommend that it is in your daughter's best interest to have her parental rights terminated to her biological father.  The second is the adoptive home study.  That will recommend the adoption proceed.  The social study for the severance can be waived, but the adoption home study cannot be waived.  This is an additional expense beyond any attorney's fees that you may expend to ensure the proper paperwork is filed. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read More

Since your child's grandmother has custody of her, she can request that the biological parents pay child support to assist her in the care of the child.  This is a request she should be making of both parents, not just one.  If you are currently working on your own issues in rehab, the Court may excuse you (for a period of time) from paying a child support obligation, but ultimately unless there is a medical or mental reason why you cannot work, the Court will presume that you can make at least minimum wage.  As for going after the child's father, this should also be explored as well. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  ... Read More

To protect yourself from having the baby's father come and take custody, you should file paperwork with the Superior Court of Arizona in the county that you live in requesting a judge make decisions about custody (decision making), parenting time (visitation), and child support.  Also, if the baby's father has not established paternity (by either being on the child's birth certificate or DNA), then you are going to want the judge to address this issue as well. In your Petition to Establish, you are going to want to make sure the judge is aware of the concerns you listed above.  Clearly the allegations are alarming enough that you would want to make sure that anytime he spends with the child initially is supervised.  In addition, your child really doesn't know who his father is based on his lack of invovlvement, therefore supervised visits in the beginning would be an appropriate request. If paternity has been established, the baby's father does have equal visitation rights to the child that you do, therefore filing something sooner than later would be the best avenue to take. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed only in the State of Arizona.  Any answers presented are solely based on Arizona law and case law.*... Read More

There is a procedure to "set aside" an adoption, but a person seeking to set it aside (meaning undo it) must motion (ask) the court within 6 months of the date the adoption was entered.  When requesting to set the adoption aside, there must be a good reason as to why you are requesting the adoption be set aside.  Reasons can include newly discovered evidence that could not have been discovered at the time the adoption was finalized.  Other reasons are for fraud, surprise, a mistake, or excusable neglect. Usually it is difficult to set aside a judgment, but it has been done in the past. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed only to practice in the State of Arizona, therefore any answers provided a based solely on Arizona law and case law.*  ... Read More

In order for you to place the eldest child up for adoption, you have two options:(1) turn the child back over to CPS and they can place the child for adoption (you would need to consent to the adoption and the termination of your parental rights) or (2) find another family privately (either on your own or with the assistance of an agency) and have that family adopt the child (which would require you to consent to the adoption and the termination of your parental rights). There is a risk in turning the child over to CPS.  CPS in Arizona maintains what is called a "central registry."  This is a database that lists all caregivers (biological, adoptive, or guardians) that have abused or neglected their children.  If you were to turn over the eldest child to CPS, you run the risk of having your named placed on this list.  Now this would not be done without a hearing (either in juvenile court through a dependency action or at an administrative hearing) where you could present your side of the story.  If the judge or hearing officer finds that you have neglected the child due to your choice to not want to parent the child anymore, then your name would be placed on the central registry.  This would negatively affect your foster care license as well as your ability to work in a child care center or school (if applicable). As for the adoption subsidy, if the child is removed from your care by CPS, the subsidy should be "suspended" as a matter of course.  Sometimes this does not happen, so the judge (if there was a dependency case initiated) would charge you a monthly assessment that would equal the subsidy for CPS's costs in caring for the child.  If the adoption is done through a private agency/person, the subsidy should be able to be transferred, but the agency/person would have to contact CPS's central office about getting the subsidy transferred AFTER the adoption is finalized with the new parent/family.  *The answers provided are for informational purposes only and do not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq,. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice in the State of Arizona and the answers presented are based solely on Arizona law and court case law.*... Read More

Even though your aunt as appointed another family member to be the children's guardian, the children's father(s) would have first right to take the children.  In the event that the children's father(s) are around, but they are not fit to care for the children, then there would a custody battle between the father(s), proposed guardians in the will, and (possibly) the 18 year old sister. Your cousin would have to petition the court, upon the death of her mother, to be her sisters' guardian.  Testamentary appointment of a guardian, as outlined in Arizona Revised Statute 14-5202, usually will control.  However, your 14 year old cousin, under Arizona Revised Statute 14-5203 has the right to object to the cousin being her guardian.  This objection has to happen before the cousin's are appointed as his/her guardian.  This objection will prevent the appointment from going forward, but it does not bar it completely.  The 13 year old, once she turns 14 can object to either the appointment being made (provided she is 14 at the time) or can petition to terminate the guardianship appointment. If the Court was to consider your cousin's Petition to be her sisters' guardians, she would need to show that it is in the children's best interest to be place in her care, custody, and control versus the proposed guardian.  Basically she would have to show that she is a more fit placement than the proposed guardians.  She would have the burden of proof in that case. *This answer is for informational purposes only and does not create an attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C. * *Laura B. Monte, Esq. is only licensed to practice law in the State of Arizona.*... Read More