T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023

In Arizona, as in many other states, Child Protective Services (CPS) can become involved in cases where they have concerns about the safety and well-being of a child. When a newborn is exposed to substances, including prescribed medications like methadone, during pregnancy or at birth, CPS may... View More

You wrote, " Legally when the child is born he will have all rights to the child."

Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.

If you can prove biology, you are also PRESUMED to be the father.

That puts the two of... View More

A termination of parental rights does not terminate a parent's child support obligation. But when a child is adopted by someone else, the terminated parent's obligation to pay child support ends.

This comes from ARS 8-539, which reads: " An order terminating the parent-child... View More

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... View More

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... View More

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.... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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

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

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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.

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.

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.