questions & answers

Question: i gave birth when i was 16 and the biological father was 20. he signed the birth certificate and left. the child is now 3 years old and he has never had any contact with him or paid child support. im trying to get him to sign away his rights can he do that and what papers would i need to do that? if i cannot would he be able to sign his rights over to my bf who has been taking care of him since birth. if that is what i have to do what papers would i need for that? also my bf is only 18 is he old enough to take guardianship of my son?

Answer: For the first part of this question, about the parent (in this example, a father) signing away his rights, look at ARS 8-531 through ARS 8-544; and read them very carefully. ARS 8-531 describes abandonment, which may be applicable in the situation described. Also, a parent may file with the court a motion to terminate the ex’s parental rights; look at ARS 8-533 for an explanation on who may file this petition. Also look at ARS 8-534, which tells what to put in the petition. For the second part of this question, about the 18 year old receiving rights: Any person age 18 and above is considered an adult, see ARS 8-101(1). As an adult, they may legally adopt a child, see ARS 8-103 . But, because this process can get complicated, it is best to see someone who can help provide more information. Visit the Dept. of Economic Security website here for more information.