QUESTION
How can I legally get this adoption done?
Asked on Aug 01st, 2013 on Child Custody - Arizona
More details to this question:
My 10 yr old son’s father is in prison for sexual assault of a child between the ages of 13-16. I divorced him and have full custody of my son. I have remarried and my husband wants to adopt my son. I have asked my ex but have never gotten a reply. How can I legally get this done? My son will by 14 before his father goes up for parole. And he had been in for almost 4 years already.
6 ANSWERS
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
In Arizona the statutes provide for the termination of the parental rights of a biological parent based upon several factors, including abandonment. Such cases are fact specific, and can be very expensive. You should consult with an experienced adoption attorney in your area to discuss your options.
Answered on Aug 06th, 2013 at 10:05 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Prove that the father abandoned you son by being locked up.
Answered on Aug 02nd, 2013 at 4:03 PM
You can start the adoption process and then either have him sign off of his parental rights or you can file a motion for termination of parental rights.
Answered on Aug 01st, 2013 at 9:23 PM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
The process is the same. You file a complaint and have the complaint legally served.
Answered on Aug 01st, 2013 at 6:09 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
You have to file a petition to terminate his parental rights in Juvenile Court. Once that is done, then you can file so your husband can adopt. It sounds as though you would have a strong case for termination and adoption given the criminal history; dangerous offense to a child; and the lack of contact with your son.
Answered on Aug 01st, 2013 at 5:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Under Michigan law it probably can be done.
Answered on Aug 01st, 2013 at 5:54 PM