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Arizona Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody, Family Law and Wrongful Death for Arizona on
Q: FLMCAZ. Plaintiff filed petition for Paternity, respondent response was plaintiff is father. Resp. Aborted child.

Child was due 10/13/21, status post viability. Respondent should be held accountable in accordance to Arizona revised statutes child neglect. Respondent chaining to have aborted child legally via services rendered out of state on bases of roe v Wade. This is a direct complaint and the plaintiff is... Read more »

Mike Branum
Mike Branum answered on Oct 12, 2021

An individual cannot force the State to pursue child neglect charges and is highly unlikely to expend scarce resources to investigate those charges where an individual underwent a medical procedure which was legal in the state in which it was performed.

I do not think you will find much...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Arizona on
Q: .my parental rights just got terminated and now they're moving to the adoption process what can I do for my case
Mike Branum
Mike Branum answered on Jul 12, 2020

Likely not much. Since your rights have been terminated, you are no longer an interested party in the adoption proceeding. Am attorney would need a lot more information to evaluate whether anything can be done at this point. I can assure you that without extremely competent local counsel, you will... Read more »

1 Answer | Asked in Family Law, Adoption and Cannabis & Marijuana Law for Arizona on
Q: If I find myself in family court, will the court know I have my medical marijuana card if I don't tell them?
Jay Hall
Jay Hall answered on May 27, 2020

There really is no advantage to concealing this. By statute, the family court cannot draw any negative inference from a valid medical marijuana card. If the opposing party alleges substance abuse, you may be ordered to test randomly for an extended period of time. The card may help preempt that.... Read more »

1 Answer | Asked in Family Law and Adoption for Arizona on
Q: No father present in any aspect of child's life. How to get adopted by stepfather?

My three year old son has never had his father in his life. He is not listed on the birth certificate & he has my last name. Father has never paid a dime in child support or provided any emotional or physical support. I will getting married soon and we are expecting another child. Can my... Read more »

Mike Branum
Mike Branum answered on Feb 10, 2020

Two things could complicate your attempts to have your fiance from adopting your eldest: if you were married to the sperm donor at conception, at birth, or anytime between; or paternity has been previously established. You are still going to have to explain to a judge why the male who was present... Read more »

1 Answer | Asked in Family Law, Adoption, Civil Rights and Juvenile Law for Arizona on
Q: How can I get my son back from DCS

DCS took my son from the hospital becuz he tested positive for drugs. But my girl friend tested negative. Then they brought up an old case that my ex wife and I had. And the grandmother tried to have my son placed with her but the case worker told her right from the start that she was denied all... Read more »

Rich J. Peters
Rich J. Peters answered on Jul 10, 2019

Is your Court appointed attorney taking steps to deal with your concerns? Are you looking to hire private counsel?

I did not see any particular question that I can answer. I can say that my advice always in these situations is to bend over backwards to satisfy DCS that you are doing...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Arizona on
Q: My nephews mother through him out . He is 16 in California can I bring him to Az ?

He tells me she drinks all the time and dates he is a good kid is getting his diploma online and working a part time job. I have an apt with an extra room he can stay with me. Any info will be helpful.

Mike Branum
Mike Branum answered on Jun 8, 2019

If she has thrown him out, she may be willing to agree to let him stay with you. You should draft a simple agreement stating that she is giving you guardianship, power of attorney, and legal decision-making power and have her sign it in the presence of a notary public. There are numerous websites... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Arizona on
Q: My grandson has been placed in kinship care in Arizona through DCS. Can we apply to adopt him before my daughter's right

Before her rights are severed through DCS. It shows were in Illinoise. We also live in Arizona

Mike Branum
Mike Branum answered on Apr 15, 2019

My first question would be: "Have you spoken with DCS about your desire to adopt the child?" If you are offering to provide a safe, stable home for your grandson DCS may be interested in assisting you in reaching your goal. From there I would have a lot of other questions that would allow... Read more »

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arizona on
Q: Can parents get there rights back if they were severed in arizona
Mike Branum
Mike Branum answered on Apr 15, 2019

Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Arizona on
Q: do you all help with child custody in a gay relationship?

i was with a woman 7/8 yrs (common law married) we have a child I paid for and inserted/incriminated the sperm my mom and I took care of ALL the daycare expenses until our daughter started school when she was three. Our daughter is 7yrs old now i have NOT once claimed her on my taxes yet i PAY FOR... Read more »

Randi Sirlin
Randi Sirlin answered on Dec 12, 2018

I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you

1 Answer | Asked in Family Law and Adoption for Arizona on
Q: If I'm single and adopt do I terminate both birth parental rights?

My girlfriends adult (18yr) twin daughters want me to legally adopt them. I have never legally married their mom. The paper work for filing an adult adoption seems easy and straight forward. My only concern is not terminating birth moms rights as their legal parent.

Peter H. Westby
Peter H. Westby answered on Feb 21, 2018

Review ARS 14-8101. For an adult adoption, termination of the birth parent's rights is not required. Nor is their consent.

1 Answer | Asked in Adoption, Family Law and Child Custody for Arizona on
Q: Never served for guardianship. Mom has it on my son now. What were the reasons.

I lived on and off with my mom and son and she wouldnt let him be around me much so it couldn't be abandament. Lied about having custody when I would try to take him alienation is abuse and against the law right?

She has my son believing my step dad is his father and calling him dad he... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on May 21, 2017

You will need to get a copy of whatever paperwork exists regarding your child. No one can give you any advice until they know what is going on. You should obtain the paperwork, either from your mother, or from the courts, then consult with an attorney.

1 Answer | Asked in Adoption and Child Custody for Arizona on
Q: Can a nonrelated family friend fight for custody over me & let me live with her if my parents are unable to provide 4 me

14 year old girl

Alcoholic/unemployed mother

Living off grandparent's money

Dad is unstable also and out of the picture

This family friend has her life together & has a perfect family & is stable & she takes more care of me than my mother ever has

Jay Hall
Jay Hall answered on Oct 5, 2016

Yes, unrelated third parties can seek custody or visitation rights pursuant to A.R.S. § 25-409. These cases are extraordinarily complex and involve constitutional issues. The family friend should schedule a free consultation with experienced family law counsel.

1 Answer | Asked in Family Law and Adoption for Arizona on
Q: I had received a Notice of proposed adoption from my childrens grandparents. I never signed it but I believe the adopti

went through. How do I find out. Also,I am paying child support now for over 16 years- I'm in arrears and need to lower the payments and not sure how to do so.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2016

Apparently you have asked multiple questions on this. I just answered another such question. As I indicated, you should contact the clerk of court. Normally adoption case files are sealed, but you as the child's biological parent should be allowed to have copies of the file.

1 Answer | Asked in Family Law and Adoption for Arizona on
Q: my child support order says unknown father we were not married but he signed the birth certificate and his parents have

custody of the children. Why wasn't he ordered to pay as well. Children born in Nevada and adopted in NY and I live in Arizona where I pay child support. If the grandparents adopted them do I still have to pay - how do I find out if they were adopted. The children told me they were back in 2000.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2016

You should have been given notice of the adoption. Contact the court clerk in New York to find out about a possible adoption decree. If the children were adopted, normally neither parent would be required to continue making child support payments.

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