Terminating parental rights

[Zigner]

What is the name of your state (only U.S. law)? AZ

Well to make a long story short my husband and I are trying to terminate his exwifes parental rights so that I may adopt her. She is 7 years old. My husband got full legal custody of her in 09 when we found out her mom was a heroin addict, and was in jail. Since then in 09 a judge ordered her to do a 7 week parenting class and drug assessment then she could have supervised visits with her. She has yet to do then. They we found out that she and her boyfriend, neglected, abused, sexually abused, and emotionally abused her. She has had two forensic interviews. one in 09 the other this year in April and no charges have been made. So we decided to take it a step farther and get her parental rights taken. This is what my step daughter wants. She has had no contact with her mom since 09. So we had our hearings and the mother has decided she wants to fight for her. Well she is still a heroin addict so we don't know is she will drive all the way to az because she lives in Ca. So anyways I was just wondering if anyone knows the Arizona system well enough to tell us if we have a shot and any advice anyone has. Thank you very much.

I'm sorry - but you discussed it with the 7 year old...why?

 

[Ohiogal]

I'm sorry - but you discussed it with the 7 year old...why?

In some states it is required that the child be asked and consent to the adoption depending on the age.HOWEVER, that is not the case in AZ:

§ 8-106. Consent to adoption; waiver; consent to the release of information; notification to potential fathers


A. The court shall not grant an adoption of a child unless consent to adopt has been obtained and filed with the court from the following:

1. The child's birth or adoptive mother, if living.

2. The child's father if any of the following is true:

(a) The father was married to the child's mother at the time of conception or at any time between conception and the child's birth unless his paternity is excluded or another man's paternity is established pursuant to title 25, chapter 6, article 1.

(b) The father has adopted the child.

(c) The father's paternity is established under title 25, chapter 6, article 1 or section 36-334.

3. A child who is twelve years of age or older and who gives consent in open court.

4. Any guardian of the person of the child who is appointed by a court and who is given authority by it to consent to the child's adoption.

5. An agency that has been given consent to place the child for adoption by the parent or parents whose consent would be necessary under paragraph 1 or 2 of this subsection, or that has been given authority in other legal proceedings to place the child for adoption.

6. The guardian of any adult parent for whom a guardian is currently appointed.

7. The division if it has been given consent to place the child for adoption by the parent or parents whose consent would otherwise be necessary pursuant to paragraph 1 or 2 of this subsection or if it has been given authority in other legal proceedings to place the child for adoption. The court may waive the requirement for consent if the court determines, after a hearing on actual notice to all persons who may be adversely affected, that waiving the requirement is clearly in the child's best interest.

B. It is not necessary for a person to obtain consent to adopt from the following:

1. An adult parent for whom a guardian is currently appointed.

2. A parent whose parental rights have been terminated by court order.

3. A parent who has previously consented to an agency's or the division's placement of the child for adoption.

4. A person whose consent is not required under subsection A of this section.

C. The minority of the child or parent does not affect the child's or parent's competency to give consent in the instances set forth in this section.

D. A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence.

E. An agency, the division or an attorney participating or assisting in a direct placement adoption pursuant to section 8-130 shall obtain from a birth parent, at the time consent for adoption is obtained, a notarized statement granting permission or withholding permission for the child being adopted, when the child reaches eighteen years of age, to obtain identifying and nonidentifying information about the child and the consenting birth parent. The agency, division or attorney shall inform the birth parent at the time of obtaining the notarized statement that the decision to grant permission or withhold permission may be changed at any time by filing a notarized statement with the court. The most recent notarized statement shall operate as consent for the court to grant or withhold identifying and nonidentifying information.

 

[Zigner]

In some states it is required that the child be asked and consent to the adoption depending on the age.

...... 7?

And, they're not even AT the "adoption" stage yet - far from it.

 

[Antigone*]

In some states it is required that the child be asked and consent to the adoption depending on the age.

I guess the termination of mom's rights and SP adoption should go hand in hand, but the child is only 7, and she was only 5 when she last saw her mom.

We We We We We, really.

We have a SM here airing dirty laundry in the interwebs and dad has an attorney.

 

[Landiera]

I'm sorry - but you discussed it with the 7 year old...why?

Oh god no! Sorry, I meant that one day she came up to us and asked us if her mom has to always be her mom. We asked why and she said that she didint want her to be her mom anymore. She has not seen or talked to her mom since 09. She has gone though sooo much. We don't talk about any of this with her. She is too young to understand it.

 

[Landiera]

...... 7?

And, they're not even AT the "adoption" stage yet - far from it.

The only person that has talked to her and asked her was her lawyer. She asked her before we had the first real court hearing.

 

[Landiera]

I guess the termination of mom's rights and SP adoption should go hand in hand, but the child is only 7, and she was only 5 when she last saw her mom.

We We We We We, really.

We have a SM here airing dirty laundry in the interwebs and dad has an attorney.

Nope. I just heard about this website and figured I would ask for some advice. her lawyer has been really busy and hasn't really gotten to sit down and talk with us. Figured I would ask some of my questions on here. Figured thats what it was here for. I am not here to trash talk anyone or ' air my dirty laundry' I am just using the website to get some info.

 

[Landiera]

Well thank you to everyone that responded. I think ill try calling the DA and see what can be done. Thank you again

 

[Antigone*]

Nope. I just heard about this website and figured I would ask for some advice. her lawyer has been really busy and hasn't really gotten to sit down and talk with us. Figured I would ask some of my questions on here. Figured thats what it was here for. I am not here to trash talk anyone or ' air my dirty laundry' I am just using the website to get some info.

The problem is that dad already has representation. He should asking his questions to his attorney. You have made it sound like YOU want terminate mom's rights (which you cannot do) but then in the next post you want to foster a stronger relationship. Do you see how that makes you sound?

You portray mom in this horrible light that she has abused and neglected her child, yet no charges have ever been filed.

Lady you don't need any more ammunition. Dad's case is being handled.

 

[Antigone*]

Well thank you to everyone that responded. I think ill try calling the DA and see what can be done. Thank you again

YOU should not be calling the DA. This is not YOUR case.

 

[Ohiogal]

I guess the termination of mom's rights and SP adoption should go hand in hand, but the child is only 7, and she was only 5 when she last saw her mom.

We We We We We, really.

We have a SM here airing dirty laundry in the interwebs and dad has an attorney.

They can adopt without PRIOR termination of mom's rights and the termination and SP adoption WOULD go hand in hand. But the we, we, we is not good when dad has an attorney.

 

[Just Blue]

That is what we want. We want her to get her stuff together and become a mom to this little girl. .

They we found out that she and her boyfriend, neglected, abused, sexually abused, and emotionally abused her

Really? The father would like the mother that :

They we found out that she and her boyfriend, neglected, abused, sexually abused, and emotionally abused her

to become a "mom" to this maternally sexually abused child?

 

[Proserpina]

Really? The father would like the mother that : to become a "mom" to this maternally sexually abused child?

No matter what, I believe Dad (and stepmom, by extension...) have seriously jumped the gun here.

And I truly think there's a better than slim chance that this is going to backfire in a way that neither will really - if they're honest - be happy with.

 

[st-kitts]

We have a free lawyer through the courts. Well actually the minor has a lawyer. We have tired asking her but she said at this time she doesn't know. She also seems to think we will get points against us because all our witnesses live in San Diego where everything happened. So they are going to be appearing over the phone and not in person. She thinks that will look bad. I dont see it that way though.

The way I am reading this, neither Dad nor Stepmom have an attorney. It sounds like the child has a GAL or something similar.