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Can an Ex Step Parent Still Adopt Under the Step Parent Laws for Adoption

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  • 12-01-2011, 02:40 PM
    LindaWalker
    Can an Ex Step Parent Still Adopt Under the Step Parent Laws for Adoption
    My question involves adoption law for the State of: Arizona My son has almost completed a divorce from a 3yr marriage. In fact, their court date is on their 3yr anniversary, which is kinda sad! They had a son during their marriage, and have agreed their son will spend 51% with him, and 49% with her. He is in the Military and lives in Colorado, and the divorce is taking place in Colorado. She moved back to Arizona and currently lives there with the 4yr old daughter she had prior to their marriage. My son had planned to adopt her prior to his marriage falling apart, and still wants to go through with it. There is no father listed on her birth certificate, though the biological father is known and can easily be found through his family. What makes this interesting is that all 3 of them went to high school together, and knew each other through R.O.T.C! The biological father's Mother had alot of contact with the child during her first year, but not much after the Mother married my son and moved to Colorado. The biological father is basically uninterested, has never paid support, and seems happy with the status quo of not being involved in his daughter's life. The mother very much wants my son to adopt her daughter, after all, my son pays half her child care expenses though he is under no obligation to do so… Im sure she'd like that to continue. I cant say I think its a good idea for my son to adopt this child when all it means is he will be ordered to pay support, and will not have custody unless he goes through another court expense. With all that said, my question is can he adopt her under the step parent rules, or would this be a standard adoption? Can he even adopt when the child doesnt live with him, and he would only have some visitation schedule?
  • 12-01-2011, 02:48 PM
    Dogmatique
    Re: Can an Ex Step Parent Still Adopt Under the Step Parent Laws for Adoption
    Your son cannot adopt as part of a stepparent adoption unless he actually remains married to Mom.

    The only way he can adopt the child is as a single parent, with both Mom AND biological father signing over their rights. I can't see Mom being willing to do that.
  • 12-01-2011, 03:03 PM
    LindaWalker
    Re: Can an Ex Step Parent Still Adopt Under the Step Parent Laws for Adoption
    You are correct, she would NEVER agree to that! I appreciate the quick reply. Well, we all love this little girl, and can continue to be there for her whether my son adopts her or not.
  • 12-01-2011, 03:03 PM
    Disagreeable
    Re: Can an Ex Step Parent Still Adopt Under the Step Parent Laws for Adoption
    As Doggie stated so eloquently, if your son adopts the daughter of his ex, she will no longer be the daughter of his ex. He can only adopt while married to her mom, for mom to be a parent also.
  • 12-01-2011, 03:05 PM
    Dogmatique
    Re: Can an Ex Step Parent Still Adopt Under the Step Parent Laws for Adoption
    I hope they can all get along in little one's best interests and remain civil, absolutely :)
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