Child Custody

questions & answers

Question: My wife and I are divorcing and we currently have three adopted children and are currently fostering another- underkinship care. My wife does not want to adopt him and I do. I plan to adopt him. She has stated that she will complain he has molested and beat up the other kids in the home to have him removed. There is only one incident that has been recorded with CPS. She has not told me or the case worker of anything else. Can I adopt him even after we are divorced and how do I protect him against untruths?

Answer:

A.R.S § 8-103 states that anyone who is married, unmarried, or legally separated is legally eligible to adopt a child. For more information on factors that will be considered when adopting you may want to review A.R.S. TITLE 8 CHAPTER 1. You may also have to file a petition to adopt which you can obtain from your county’s Superior Court Clerk (A.R.S. § 8-109).

To protect the child from your ex-wife, it may be your best interest to consult an attorney to give you specific legal information.

QUESTIONS

  • My wife and I are divorcing and we currently have three adopted children and are currently fostering another- underkinship care. My wife does not want to adopt him and I do. I plan to adopt him. She has stated that she will complain he has molested and beat up the other kids in the home to have him removed. There is only one incident that has been recorded with CPS. She has not told me or the case worker of anything else. Can I adopt him even after we are divorced and how do I protect him against untruths?

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  • State Bar of Arizona
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