Results 1 to 6 of 6
  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Question Termination of Parental Rights / Step Parent Adoption

    My question involves adoption law for the State of: Arizona (maricopa county)


    We have been trying to have my husband do a step-parent adoption, but in order for that to happen we need the birth father to give up his parental rights. He originally said he would, so we've started the process and put some money into already. It appears as though he (the birth father) has since changed his mind because he has yet to return the consent forms
    The county court said I did not need to have a lawyer and that I could file a "petition for termination of parental rights" on my own but that I had to find the papers, as they do not have them.

    Can anyone tell me where to find these forms?

    I have been on google and every other site for hours trying with no luck!
    I'm tired and stressed, as I bet the birth father was hoping for. He hasn't even spoken with my son in a year!That was only for a few mins. Before that is was 5 months. No b-day calls, no x-mas calls. No letters. Nothing. I had to track him down through a friend just to have the consent forms sent via the friend. I have a phone number, but he never returns my calls. I hear reliable stories of constant drug and alcohol abuse. I am just at a loss and can't afford a lawyer...

    Oh, and there has never been a child support order. I was always the "bread winner" and we split nicely. So when we did split we left the custody part untouched. He continued contact for a while. But with the birth father falling out of the picture the way he did...

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Termination of Parental Rights / Step Parent Adoption

    Quote Quoting seebs08
    View Post
    My question involves adoption law for the State of: Arizona (maricopa county)


    We have been trying to have my husband do a step-parent adoption, but in order for that to happen we need the birth father to give up his parental rights. He originally said he would, so we've started the process and put some money into already. It appears as though he (the birth father) has since changed his mind because he has yet to return the consent forms
    The county court said I did not need to have a lawyer and that I could file a "petition for termination of parental rights" on my own but that I had to find the papers, as they do not have them.

    Can anyone tell me where to find these forms?

    I have been on google and every other site for hours trying with no luck!
    I'm tired and stressed, as I bet the birth father was hoping for. He hasn't even spoken with my son in a year!That was only for a few mins. Before that is was 5 months. No b-day calls, no x-mas calls. No letters. Nothing. I had to track him down through a friend just to have the consent forms sent via the friend. I have a phone number, but he never returns my calls. I hear reliable stories of constant drug and alcohol abuse. I am just at a loss and can't afford a lawyer...

    Oh, and there has never been a child support order. I was always the "bread winner" and we split nicely. So when we did split we left the custody part untouched. He continued contact for a while. But with the birth father falling out of the picture the way he did...
    It's a shame that you didn't legally establish paternity and a CS order. If you had done so and the father wasn't paying support or visiting you could have tried to have his rights terminated involuntarily.

    IF you do file pro-se and father decides to contest, you will likely have a very difficult time getting his rights terminated. You really should hire an attorney, I know it can be expensive, but an attorney will know exactly what needs to be done to win in court if father contests.

  3. #3
    Join Date
    Jan 2010
    Posts
    25

    Default Re: Termination of Parental Rights / Step Parent Adoption

    Yes, as you have served him with adoption proceedings and he has not responded in 30 days you can file the termination of parental rights. The termination of parent-child relationship should now be straight forward and not difficult to do pro se.

    Article 2 Termination of Parent-Child Relationship
    8-533. Petition; who may file; grounds
    "5. That the potential father failed to file a paternity action within thirty days of completion of service of notice as prescribed in section 8-106, subsection G"

    The contents of the petition are as follows:

    A. The petition for the termination of the parent-child relationship filed pursuant to this article shall include, to the best information or belief of the petitioner:
    1. The name and place of residence of the petitioner.
    2. The name, sex, date and place of birth and residence of the child.
    3. The basis for the court's jurisdiction.
    4. The relationship of the petitioner to the child or the fact that no relationship exists.
    5. The names, addresses and dates of birth of the parents, if known.
    6. The names and addresses of the person having legal custody or guardianship of the person or acting in loco parentis to the child or the organization or authorized agency having legal custody or providing care for the child.
    7. The grounds on which termination of the parent-child relationship is sought.
    8. The names and addresses of the persons or authorized agency or officer thereof to whom or to which legal custody or guardianship of the person of the child might be transferred.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,183

    Default Re: Termination of Parental Rights / Step Parent Adoption

    Quote Quoting larsen161
    View Post
    Yes, as you have served him with adoption proceedings and he has not responded in 30 days you can file the termination of parental rights. The termination of parent-child relationship should now be straight forward and not difficult to do pro se.
    Where are you getting that?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Jan 2010
    Posts
    25

    Default Re: Termination of Parental Rights / Step Parent Adoption

    8-106

    The notice required pursuant to subsection G of this section shall be in substantially the following form:
    Notice:
    Notice is given to _______________ that you have been identified by ________________________, the natural mother, residing at _____________________, as a potential father of a child to be born or, born on _____________, in ___________.
    You are informed of the following:
    1. ______________, the natural mother, plans to place the child for adoption.
    2. Under sections 8-106 and 8-107, Arizona Revised Statutes, you have the right to consent or withhold consent to the adoption.
    3. Your written consent to the adoption is irrevocable once you give it.
    4. If you withhold consent to the adoption, you must initiate paternity proceedings under title 25, chapter 6, article 1, Arizona Revised Statutes, and serve the mother within thirty days after completion of service of this notice.
    5. You have the obligation to proceed to judgment in the paternity action.
    6. You have the right to seek custody.
    7. If you are established as the child's father, you must begin to provide financial support for the child.
    8. If you do not file a paternity action under title 25, chapter 6, article 1, Arizona Revised Statutes, and do not serve the mother within thirty days after completion of the service of this notice and pursue the action to judgment, you cannot bring or maintain any action to assert any interest in the child.
    9. The Indian child welfare act may supersede the Arizona Revised Statutes regarding adoption and paternity.
    10. You may wish to consult with an attorney to assist you in responding to this notice.


    J. A potential father who fails to file a paternity action and who does not comply with all applicable service requirements within thirty days after completion of service as prescribed in subsection G of this section waives his right to be notified of any judicial hearing regarding the child's adoption or the termination of parental rights and his consent to the adoption or termination is not required.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,183

    Default Re: Termination of Parental Rights / Step Parent Adoption

    I give up. Are you actually READING the posts here?!
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

    1. Sponsored Links
       

Similar Threads

  1. Adoption of Children: Abandonment, Parental Rights Termination, Step-Parent Adoption
    By AlynRobertson in forum Adoption Law and Surrogacy
    Replies: 4
    Last Post: 08-11-2011, 02:39 PM
  2. Adoption of Children: Step Parent Adoption and Involuntary Termination of Parental Rights
    By cosa chula in forum Adoption Law and Surrogacy
    Replies: 3
    Last Post: 03-31-2011, 12:17 PM
  3. Adoption of Children: Step Parent Adoption and Termination of Parental Rights
    By sebjnb in forum Adoption Law and Surrogacy
    Replies: 3
    Last Post: 02-16-2011, 07:53 AM
  4. Adoption of Children: Involuntary Termination of Parental Rights for Step-Parent Adoption
    By Des101 in forum Adoption Law and Surrogacy
    Replies: 8
    Last Post: 06-10-2010, 04:13 PM
  5. Adoption of Children: Termination of the Mother's Parental Rights and Step-Parent Adoption
    By princesspookie in forum Adoption Law and Surrogacy
    Replies: 3
    Last Post: 12-15-2007, 09:03 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Adoption Forms
Adoption forms and resources for all 50 states.




Untitled Document