Legal Question in Family Law in Arizona

Terminate absent parent rights

I have a 10 year old step child who has lived with my husband and myself f or almost 4 years. Her mother has not called, or had any contact with the child for almost 3 years. And, we have never received child support. We have no way of contacting her. She is a drug addict and is MIA. What are the procedures for me to adopt her, and how difficult is it to do the adoption and termination of rights without being able to locate the mother? She also has not complied with any court orders for drug testing, parenting classes or contact with the child. Did I mention she has another child that the other father has sole custody of??

Thank You


Asked on 11/01/05, 12:35 pm

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

Re: Terminate absent parent rights

Thank you for your inquiry.

In order for you to adopt your husband's child, you would need to terminate the mother's parental rights. You may have grounds to do so based on "abandonment" under the statutes, but I can't say for sure without additional information. The termination process involves filing a petition, setting a hearing with the court, and giving the mother notice of the hearing (this can be done by publication if every reasonable means of locating her have been exhausted). You will also need to obtain a report from an adoption agency to support the termination and then the adoption.

I can explain the process better in person, so please contact my office to schedule a free initial consultation.

Sincerely,

Monica Donaldson

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Answered on 11/01/05, 2:48 pm


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