Step-parent Adoption Issues

Updated on August 15, 2007
T.L. asks from Litchfield Park, AZ
5 answers

im looking for advice on a step-parent adoption. my son is turning 3 at the end of this month & he hasnt seen his biological father in about 2 years. he doesnt know who he is because even when he did see him it was only whenever i would begg him to come get him because i wanted my son to know his real dad. well i am now married to another man whom has always been around my son sence he was a baby. my son has always called him dad even when his biological father would come get him once or twice a month. my husband wants to adopt my son but we cant find anywhere to do it for less than 4000 dollars & we dont really have that kind of money. my sons biological father is no where to be found & hasnt even tried to contact us sence we have moved to another state. does anyone have an idea of what we could do?

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B.B.

answers from Phoenix on

I worked for an attorney in Phoenix, Dan Ziskin, ###-###-####. I still work pt for him but was a paralegal/right hand woman for six years plus. He can help you with getting the birth father's rights terminated and you can use the county attorney to do the adoption for free. The CA office will not handle terminating the rights of a parent but they are required to handle adoptions. Yes, you do need an adoption agency but Arizona Family Adoption Services is closing down. Adoption Services of Arizona is very good too. As far as the comment above regarding the "abandonment clause" see A.R.S. 8-533(b) about termination grounds. There are several questions that need to be answered to know whether a termination is even necessary. The statute says that six months of nonparental support is grounds for termination. This is the most common ground in termination cases. There is no need to wait seven years. I would not go this alone... adoptions are not simple things that you just file papers on. Hope this helps!

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A.T.

answers from Phoenix on

Hi T., Check with the self service center at ###-###-#### and you may be able to file the papers yourself. Its at 201 W. Jefferson or there is one in Mesa and Suprise. I'm divorced and I file my own stuff because I can't afford these high priced lawyers either and of course they are not going to tell you you can do it yourself. I think you have to give the bio-father some kind of notice but you'd have to do that through a lawyer also. The paperwork would tell you what to do. And the filing fees are cheap or nothing. I'm sure if you call they can tell you if they have papers for step-parents adopting kids. Good Luck. Toni

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K.B.

answers from Phoenix on

HI T.,
I HAVE A TEN YEAR OLD DAUGHTER WHO ADORES MY BOYFRIEND OF 7 YEARS AND IS ALSO HER SISTER'S BIOLOGICAL DAD. I WENT THROUGH THE SAME SITUATION, BECAUSE HER FATHER WOULDN'T SIGN THE PAPERS FOR HER NAME TO BE CHANGED WHEN WE WERE THINKING ABOUT GETTING MARRIED, ANY WAY I FOUND OUT ABOUT A THING CALLED THE "ABANDONMENT CLAUSE" WHICH STATES THAT IF THE BIO DAD HAS NOT BEEN INVOLVED OR CAN'T BE FOUND AFTER 7 YEARS THAN IT IS THE SAME AS HIM RELEASING HIS RIGHTS AS A PARENT TO THAT CHILD. HOWEVER THE DOWNFALL W/ THAT IS NOT ONLY DO YOU HAVE TO WAIT A FEW YEARS YOU CAN'T COLLECT CHILD SUPPORT AFTER ITS BEEN DONE. (not that her bio dad was ever paying to begin with he was just trying to be spiteful towards me) IT DOES TAKE A LOT OF PATIENCE AND TIME BUT ONLY COSTS ABOUT $90.00!+ THE COST OF THE ACTUAL NAME CHANGE.
GOOD LUCK

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

T.R.

answers from Phoenix on

You don't need a lawyer to do this. Contact Arizona Family Adoption Services, Inc. @ ###-###-####. The first step is to have the biological father's rights severed which may take awhile. I had a lawyer during this step and I had to wait until I could find him in order to serve the papers to him. I have heard that you just have to advertise in a newspaper your intentions, but you'll have to check this out with the adoption agency. Once this is complete and you've been married for at least one year, you can continue with the adoption. Good luck!

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H.B.

answers from Phoenix on

Check with the state your child was born in - you will have to fill out paperwork and they can help point you in the right direction. Also check in with legal aid they offer discounted rates but you have to do alot of the work yourself!! Good luck and God bless you and your family

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