Guardianship of Minor

questions & answers

Question: My wife's sister and husband want to relinquish their rights as parents and transfer full custody and legal guardianship to my wife and I. If both parents are consenting and sign a notarized court approved form, would we be required to announce the hearing in the local newspaper?

Answer:

The termination of parental rights must be followed as to the law. Notice must be given to each party involved.

Notice Rights

The termination motion must be served at least 10 days before the hearing on all parties specified by the rules of civil procedure, including any persons who have filed adoption petitions or have physical custody pursuant to a foster-adoptive placement.

 Ariz. Rev. Stat. Ann. § 8-863(A)

Process

The termination petition must include:
• the petitioner's name and place of residence;
• the child's name, sex, date and place of birth and residence;
• the basis for the court’s jurisdiction;
• the petitioner’s relationship to the child, or the fact no relationship exists;
• the parents' names, addresses and dates of birth, if known;
• the names and addresses of the person with legal custody or guardianship of the child or acting in loco parentis to the child or the organization or authorized agency with legal custody or providing care for the child;
• the grounds on which termination is sought;
• the names and addresses of the persons or authorized agency to whom or to which legal custody or guardianship of the child might be transferred; and
• a notarized statement granting or withholding consent for the child to review subsequent adoption records when he/she is age 21 or older.

QUESTIONS

  • My wife's sister and husband want to relinquish their rights as parents and transfer full custody and legal guardianship to my wife and I. If both parents are consenting and sign a notarized court approved form, would we be required to announce the hearing in the local newspaper?

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