Adoption and termination of parental rights

[ninja_nikki]

What is the name of your state?
Arizona
The bio-dad is willing to terminate his parental rights. Our child support case is in AZ as that was where it was initiated. I (mother) now live in NC and bio-dad lives in OR.
I read from another post that in IN one parent can not terminate parental rights unless there was someone to adopt. Is this the case in AZ? Am I mis-reading the answer? Secondly (though I'm sure the ans. is no) is it possible for my boyfriend (whom has been with me since she was born 6 yrs. ago) adopt her?
Thank you for your time.

[stealth2]

The only way your boyfriend could adopt the child is after he's been your husband for a period of time.

[ninja_nikki]

That's what I figured but had to ask.
As far as the 1st ques, does AZ allow the father to terminate parental rights if there's not someone else to adopt? Obviouslly I'd still have my parental rights. Thanks for any help.

[Nocgirl]

AZ, or any state, generally does not allow a TOR unless there is a remarriage and adoption.

If he is trying to give up his rights just to get out of CS, that is definitely not an option. He would still owe any arrears anyways.

[zeuss]

I probably should have started a new thread but not sure where to put it. It's on the same lines at this post. In Michigan, does there have to be an adoption in order for a BIO dad to give up his rights? My daughter's father wants to voluntarily for two reasons, one he is in prison and will be until she is probably 20 and the second because he doesn't want anything to do with her, no contact no nothing.
Can a parent sign off all responsibility and step out of there lives like that?? I have always been responsible for her so nothing would change there.

[mb94]

Courts do not like to let one party out of their responsibilities. Unless the father is found to just be unfit (i.e. abused the child, sex offender, killed another child) they will not allow him to just sign away his rights without someone else there to accept them.

[Grace_Adler]

Ninja-

Please disregard the majority of the things you've been told on this post as most of it does not pertain to NC.

You're living in NC right? Once you've lived here for 6 months, you can file for a TPR. AZ and OR don't matter as far as that's concerned because you're going to file here if you are a resident here. If you haven't been living here 6 months yet, then I would wait until you have to file because it will make it much easier. You DO NOT have to have an adoption to do a TPR. All you have to do is go to the Clerk of Court and get the forms to file.

Once it is done, you can no longer collect future child support but you may still collect any arrears unless you choose to forgive them or they are owed to the state for public assistance.

There is no law saying you have to be married in order to adopt but the child does have to live with the petitioner for at least 90 days. Even though there is no law saying you have to be married to adopt, I don't know the procedure on that so they may tell you differently. But, plenty of celebrities adopt without being married. I don't know what states will let people adopt without being married and I don't know if this is definitely one of them but obviously there must be some.

Also, it is easy to do. It is all done before the Clerk of Court. Just go down there and get the petitions and you'll have to pay for filing fees. If you're doing an adoption, DSS does a homestudy and that's $250 or $200, I forget. That can be waived if the child has been with the petitioner for.. either a year or 2 yrs.. you'll have to check on that.

The paperwork would be easier to do if there was an adoption and you can even download it from the Dept of Health and Human Services website. But an adoption is not necessary.

They might ask you what the grounds are, although they are not listed on the paperwork but you should have something to use in case they do ask you.
Here is a link to grounds to do a TPR in NC. You can file on ANY of these grounds.

[url]http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_7B/GS_7B-1111.html[/url]

I know people that have done TPRs in VA and NC and had no problem at all. It's not hard to do in these 2 states.

There are plenty of states that will let you do a TPR if there is no adoption. And plenty of states terminate support with the TPR or adoption, except arrears unless legally relieved of that obligation.

[nextwife]

Originally Posted by Grace_Adler

There is no law saying you have to be married in order to adopt but the child does have to live with the petitioner for at least 90 days. Even though there is no law saying you have to be married to adopt, I don't know the procedure on that so they may tell you differently. But, plenty of celebrities adopt without being married. I don't know what states will let people adopt without being married and I don't know if this is definitely one of them but obviously there must be some.

Grace,

Single people can and do adopt. As the SOLE parent. So, if biomom were ALSO relinquishing her rights, boyfriend can adopt while still single. Alone. Presuming he'd otherwise qualify to adopt (homestudy, police clearance, etc.). What the courts WON"T do is allow a single to adopt as a CO-PARENT along with another.

I KNOW many single adoptive parents . They adopted as the SOLE parent, not as a pseudo STEP adoption.

[Grace_Adler]

The thing that came to mind was.. well it's kind of funny to me, but it was Brad Pitt and Angelina Jolie. LMAO They aren't married but he adopted her children. I was like.. How did they do that? LOL And there have been other celebrities that have done similar adoptions.