questions & answers

Question: My husband would like to adopt my three children from a previous marriage. The issue is their father has been deported from the United States and is not allowed to return to this country. I have full legal and physical custody of the children which was given in our divorce prior to his deportation. my husband provides all support to them. How would we go about having my husband adopt the kids knowing that their father would not be able to sign any consents etc?

Answer: Title 8 of the Arizona Revised Statutes (A.R.S.) contains the Arizona laws on adoption. A.R.S. § 8-106 discusses whose consent is needed before the court can grant an adoption. You will notice from the statute that whose consent is necessary varies depending on what prior events occurred. After reviewing the statutes, you have concerns about how the law applies to your situation; you may want to consult with an attorney.