questions & answers

Question: My son's father and I were never married and we broke up before he turned 1. I have sole custody and he has visitation time which his parents use as he has zero interest in being a part of my son's life. My son is now 12. I have been married for over 6 years and my husband and son both want for him to adopt him. My son views my husband as his (only) dad. My ex is an alcoholic who recently picked up his 3rd DV charge against his current gf. If my ex is willing to terminate his parental rights so my husband can adopt my son, how do we cancel out our current agreement and terminate his rights?

Answer:

You may want to familiarize yourself with ARS 8-106. If the biological father  is willing to consent to the adoption, it is considered an “uncontested adoption”. In the case of an uncontested adoption, Termination of Parental Rights will automatically occur. If the ex does not consent, you will need to proceed with the Termination of Parental Rights before starting the adoption process. Please view Arizona Revised Statutes 8-531 through 8-544.  You may want to speak with an attorney.