QUESTION
If my ex pays support randomly and never sees our 3 kids, can his rights be terminated so my husband can adopt them?
Asked on Aug 07th, 2013 on Child Custody - Arizona
More details to this question:
DCS garnish his account every few months to get support from him. And I don't care about getting the support. It's the fact that he just doesn't care to provide for his kids. He hasn't see them in 7 years. I have full physical custody but not legal. Can his rights be terminated? My kids already use my married name as their own, call my husband daddy and the youngest of the 3 doesn't even know my husband is not his biological dad. My husband wants to adopt the kids but my ex just laughed when I tried to talk to him about it a few years ago. He doesn't acknowledge the kids on birthdays or holidays or even when I text him that something happened, like my son breaking his arm. He won't answer their calls or return messages. Will the judge let my husband adopt the kids even if my ex contests it or won't sign over his rights?
1 ANSWER
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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You should consult with an experienced adoption attorney in your area. In Arizona the statute provide for the termination of a biological parent's rights in certain situations. You may be able to file to terminate his rights due to abandonment, but again, consult local counsel Is it possible that the biological father would consent to the adoption as a way to get out from under the ongoing child support obligation?
Answered on Aug 09th, 2013 at 9:45 AM