Legal Question in Family Law in Arizona

Jurisdication Arizona or Michigan

I have 4 children and went through a divorce in Michigan. I have since moved to Arizona (court approved in 1998). The father sends support by has not contacted the children since Jan 1999. I would like to file for termination of his rights or just get sole custody (joint was originally granted). Can I do either of these in the Arizona or do I have to go back to Michigan? Can I get my case transferred to Arizona? Also, my boyfriend of 4 years (in the kids eyes their father) would like to adopt. How do I go about this? Thank you.


Asked on 12/11/02, 10:26 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Jurisdication Arizona or Michigan

Thank you for your inquiry. You can have your case transfered to AZ by obtaining an exemplified copy of your divorce/custody papers from Michigan and filing them in AZ.

Although you can try to seek severance of the father's rights on the grounds of abandonment (no contact for more than 6 months), that is difficult (though not impossible) to do when support is paid.

Only a step-parent can adopt (not a boyfriend). And the father's rights must be terminated before the adoption could proceed. If the father's rights are terminated, Maricopa County will do a step-parent adoption for free. The only cost is for a social study by an adoption agency.

If you want to seek sole custody, you need to file a petition and request a hearing from the court. The father will need to be served, and he will have an opportunity to respond/object. If he doesn't, your request will be granted.

I hope this information is helpful.

/s/ Monica H. Donaldson, Esq.

[email protected]

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Answered on 12/11/02, 10:46 pm


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