Child Custody

questions & answers

Question: I have 3 kids by the same man and his name is on their birth certificate and we never married. 7 years ago he was convicted of a sexual charge against my daughter and other charges and is in prison until my youngest is 18 years old. Before he sexual violated my daughter I had left him and was in a relationship with the man I’m married to today. My husband has raised my kids as his own for 7 years. Also the biological father was diagnosed as incompetent while he is incarcerated. Can my husband adopt my kids without his consent? So if I die he can raise my kids and not biological dads parents?

Answer: This is not a simple question that can be adequately answered in a web site format.  The fact that your ex is considered incompetent makes it complicated.  Does he have a legal guardian?  Will one need to be appointed to represent his interests?  Were his legal rights ever severed?  You really need to discuss the case in detail with a lawyer and get some advice on how to move forward.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.

QUESTIONS

  • I have 3 kids by the same man and his name is on their birth certificate and we never married. 7 years ago he was convicted of a sexual charge against my daughter and other charges and is in prison until my youngest is 18 years old. Before he sexual violated my daughter I had left him and was in a relationship with the man I’m married to today. My husband has raised my kids as his own for 7 years. Also the biological father was diagnosed as incompetent while he is incarcerated. Can my husband adopt my kids without his consent? So if I die he can raise my kids and not biological dads parents?

STORIES

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  • 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
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