questions & answers

Question: I have two grandsons, 3yrs. old and 6yrs old. I am the maternal grandmother with the 6yr. old in my care and pending an adoption. The paternal grandmother was charged with domestic violence and has the 3 yr. old in her care awaiting adoption. Will she still be allowed to adopt whether the charge has been dropped or not?

Answer: A court will allow a child to be adopted to a person or persons whose home meets the safety, social, emotional, physical and mental health needs of the child. Other factors that the court considers pursuant to Arizona Revised Statute 8-103 are: “1. The marital status, length and stability of the marital relationship of the prospective adoptive parents. 2. Placement with the child's siblings pursuant to section 8-862. 3. Established relationships between the child and the prospective adoptive family as described in section 8-862, including placement with a grandparent or another member of the child's extended family including a person or foster parent who has a significant relationship with the child. 4. The prospective adoptive family's ability to meet the child's safety, social, emotional, physical and mental health needs and the ability to financially provide for the child. 5. The wishes of the child who is twelve years of age or older. 6. The wishes of the child's birth parents unless the rights of the parent have been terminated or the court has established a case plan of severance and adoption. 7. The availability of relatives, the child's current or former foster parents or other significant persons to provide support to the prospective adoptive family and child.” (A.R.S. 8-103). Domestic violence charges are something that the court will look at when determining if the safety of the children will be compromised. The weight that is given to the domestic violence charges, whether dropped or not dropped is up to the court’s discretion.