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AZ- Relinquish Parental Rights - on BC / DNA not bio dad

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talerco

Member
What is the name of your state? Arizona
I've done quite a bit of research and need to do this myself as I can't afford a lawyer. I have tried to define my questions as best I can.
I stupidly signed an AZ Acknowledgement of Paternity many months ago. At the time I thought (hoped) I was the father and wanted to be either way. Relationship way over now. A DNA test showed I am not the biological father. Baby is 1 year old living with mother in Maricopa County. I am in military far away about to be stationed very far away.
The mother also wants me off the birth certificate and has not filed any custody / support requests as she doesn't want me acknowledged (further) as the father. She agreed to let her parents adopt but after I sent notarized permission for that she changed her mind.
I'm hoping I can file a "Parent's Agreement to be Bound by Genetic Test Results" in Maricopa County (CSE-1284A FORFF (2-18)).

My questions;
1. Can I file this Parent's Agreement...... if there is no pending petition for decision making etc? The first line asks for a IV-D ATLAS NO.___.
2. If not, do you advise that I should file a petition (ie. DRP11f - 010119) and check the box 'Vital Records'? If so, do I include the Parents Agreement.... or wait and submit that later?
3. I am in the military (tech training) and can't imagine a way I can get to Phoenix for a weekday court appearance. How do I handle that?....with the court / with my command is out.

I read on Legal Beagle about "How to Relinquish Parental Rights in Maricopa County, AZ". It sets out a way to file a petition with the juvenile court - however, it also says that the court must find that severing the parent-child relationship is in the best interest of the child. I have talked (email) to a couple attorneys that say that the state has an interest in children having 2 parent so a judge may not allow that even knowing I am not biological father, especially given military benefits. This is different from what I have read about the Parent's Agreement.....which seems to indicate that the law says if I turn out not to be the biological father I must be removed from the birth certificate.

4. Should I file this petition (per above) with the Juvenile Court and include the Parent's Agreement......?
5. Her parents want to adopt. Can her father adopt my position without the mother's approval and the mother remain?
6. Any other recommendations greatly appreciated.
Thanks
 


quincy

Senior Member
What is the name of your state? Arizona
I've done quite a bit of research and need to do this myself as I can't afford a lawyer. I have tried to define my questions as best I can.
I stupidly signed an AZ Acknowledgement of Paternity many months ago. At the time I thought (hoped) I was the father and wanted to be either way. Relationship way over now. A DNA test showed I am not the biological father. Baby is 1 year old living with mother in Maricopa County. I am in military far away about to be stationed very far away.
The mother also wants me off the birth certificate and has not filed any custody / support requests as she doesn't want me acknowledged (further) as the father. She agreed to let her parents adopt but after I sent notarized permission for that she changed her mind.
I'm hoping I can file a "Parent's Agreement to be Bound by Genetic Test Results" in Maricopa County (CSE-1284A FORFF (2-18)).

My questions;
1. Can I file this Parent's Agreement...... if there is no pending petition for decision making etc? The first line asks for a IV-D ATLAS NO.___.
2. If not, do you advise that I should file a petition (ie. DRP11f - 010119) and check the box 'Vital Records'? If so, do I include the Parents Agreement.... or wait and submit that later?
3. I am in the military (tech training) and can't imagine a way I can get to Phoenix for a weekday court appearance. How do I handle that?....with the court / with my command is out.

I read on Legal Beagle about "How to Relinquish Parental Rights in Maricopa County, AZ". It sets out a way to file a petition with the juvenile court - however, it also says that the court must find that severing the parent-child relationship is in the best interest of the child. I have talked (email) to a couple attorneys that say that the state has an interest in children having 2 parent so a judge may not allow that even knowing I am not biological father, especially given military benefits. This is different from what I have read about the Parent's Agreement.....which seems to indicate that the law says if I turn out not to be the biological father I must be removed from the birth certificate.

4. Should I file this petition (per above) with the Juvenile Court and include the Parent's Agreement......?
5. Her parents want to adopt. Can her father adopt my position without the mother's approval and the mother remain?
6. Any other recommendations greatly appreciated.
Thanks
Talerco, is the biological father known?
 

LdiJ

Senior Member
What is the name of your state? Arizona
I've done quite a bit of research and need to do this myself as I can't afford a lawyer. I have tried to define my questions as best I can.
I stupidly signed an AZ Acknowledgement of Paternity many months ago. At the time I thought (hoped) I was the father and wanted to be either way. Relationship way over now. A DNA test showed I am not the biological father. Baby is 1 year old living with mother in Maricopa County. I am in military far away about to be stationed very far away.
The mother also wants me off the birth certificate and has not filed any custody / support requests as she doesn't want me acknowledged (further) as the father. She agreed to let her parents adopt but after I sent notarized permission for that she changed her mind.
I'm hoping I can file a "Parent's Agreement to be Bound by Genetic Test Results" in Maricopa County (CSE-1284A FORFF (2-18)).

My questions;
1. Can I file this Parent's Agreement...... if there is no pending petition for decision making etc? The first line asks for a IV-D ATLAS NO.___.
2. If not, do you advise that I should file a petition (ie. DRP11f - 010119) and check the box 'Vital Records'? If so, do I include the Parents Agreement.... or wait and submit that later?
3. I am in the military (tech training) and can't imagine a way I can get to Phoenix for a weekday court appearance. How do I handle that?....with the court / with my command is out.

I read on Legal Beagle about "How to Relinquish Parental Rights in Maricopa County, AZ". It sets out a way to file a petition with the juvenile court - however, it also says that the court must find that severing the parent-child relationship is in the best interest of the child. I have talked (email) to a couple attorneys that say that the state has an interest in children having 2 parent so a judge may not allow that even knowing I am not biological father, especially given military benefits. This is different from what I have read about the Parent's Agreement.....which seems to indicate that the law says if I turn out not to be the biological father I must be removed from the birth certificate.

4. Should I file this petition (per above) with the Juvenile Court and include the Parent's Agreement......?
5. Her parents want to adopt. Can her father adopt my position without the mother's approval and the mother remain?
6. Any other recommendations greatly appreciated.
Thanks
I am going to answer the adoption question. No, no adoption can happen without the express agreement of both parents.
 

talerco

Member
Thank you LdiJ. Good to know. It's possible the mother would consent to her father becoming the child's father. I have not pursued that.
quincy - The biological father is known but he has no interest and the mother has no interest in having him in child's life so is also not inclined to go after him for support etc.
 

LdiJ

Senior Member
Thank you LdiJ. Good to know. It's possible the mother would consent to her father becoming the child's father. I have not pursued that.
quincy - The biological father is known but he has no interest and the mother has no interest in having him in child's life so is also not inclined to go after him for support etc.
She cannot remain the mother if her father adopts the child. That would legally create an incest like relationship between she and her father and the law does not permit that.
 

stealth2

Under the Radar Member
Thank you LdiJ. Good to know. It's possible the mother would consent to her father becoming the child's father. I have not pursued that.
quincy - The biological father is known but he has no interest and the mother has no interest in having him in child's life so is also not inclined to go after him for support etc.
Then you're SOL. A court will not bastardize the child because you've changed your mind.
 

talerco

Member
Thank you for the information 'quincy' and 'stealth2'.
'Zigner' 'Just Blue' and 'TheGeekness' - I really don't understand the hostility. I AM a friend of the young man in this situation. I previously posted a philosophical question - because I was interested in other opinions. Then I posted on the military board a military question. Now, I'm back here posting a family law question. If you are that bored go ahead and put it all together. You will not find any inconsistencies. What good feeling do you get from calling an anonymous online person a liar?
'Just Blue' - the fact that my friend committed statutory rape has no bearing on any of the questions I have asked. 16 is the age of consent in more than 1/2 the states. If they had gone to Vegas it would have been legal (I know, they didn't). If you think legal authorities in Maricopa County or Tempe, Arizona (home to Arizona State) are going to care about underage sex when neither participant or their parents care I believe you are wrong. The hospital knew when she delivered that she became pregnant at 16. Nobody cares. Why do you seem to have a weird attraction to that minor detail that has nothing to do with any of my questions? Been a while?
I came to this board for answers to specific legal questions. I hoped that is what these forums are for - not a platform for trolls to inflate their egos by looking for flaws in others.
Sheeeeesh
 
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