QUESTION
Can I take the rights away from my kid’s biological fathers and have my husband adopt them?
Asked on Aug 30th, 2013 on Child Custody - Arizona
More details to this question:
My kid’s fathers have not been in their life in over 3 years. They have not paid child support in over three years except for when $150 is taken out of their income taxes. Other than that they don’t pay and don’t make contact with me to have anything to do with them. My husband has taken full responsibility of my two kids and paid for everything for three years.
3 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can try. You will have to start an adoption proceeding. It will go faster if the fathers go to court and give up their rights in front of a judge.
Answered on Sep 10th, 2013 at 4:21 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona it appears you may have an appropriate basis to terminate the parental rights of the biological father. Once those rights are terminated then your husband could adopt the children You and your husband should consult with an experienced adoption attorney to discuss your options, and what is required to terminate the rights, and move forward with the adoption.
Answered on Sep 10th, 2013 at 4:21 PM
Yes. Your husband can file a petition to adopt your children. You will need to terminate your former husband's rights as part of the proceeding. He can voluntarily consent to the adoption or the court can terminate his rights based on his failure to maintain a parental bond with the children, and/or his failure to financially support the children.
Answered on Sep 10th, 2013 at 4:21 PM