Parental Rights & Obligations

questions & answers

Question: My husband is trying to adopted my son who was born out of wedlock. If the biological father has not made any attempts to establish parternity legally does he have parental rights? I have already informed the court who the father is and now the biological father does not want to consent to the adoption even though he has never made any attempts to be involved in my sons life or pay child support in the past 5 1/2 years (since Birth).

Answer:

With regard to your questions, carefully review the language of ARS § 8-106(A)(2) and (G).  [Make sure to read all (1-7) of the subsections under ARS § 8-106(G)].  Also, review ARS § 8-106.01.  Pay particular attention to ARS § 8-106.01(E).  The information set forth in these statutes (it pertains to adoptions and presumptive natural fathers) may assist in answering some of your questions.

QUESTIONS

  • My husband is trying to adopted my son who was born out of wedlock. If the biological father has not made any attempts to establish parternity legally does he have parental rights? I have already informed the court who the father is and now the biological father does not want to consent to the adoption even though he has never made any attempts to be involved in my sons life or pay child support in the past 5 1/2 years (since Birth).

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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