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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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Az law.. I completed aStep parent adoption may 2015. The bio

Customer Question

Az law.. I completed aStep parent adoption may 2015. The bio mother signed her parental rights away(at a bank notary) to avoid child support. she also only visited 4 hours a month if that . Bio mom has bipolar and has had no contact with them for almost two years. She is now says that she was manic when she signed it and wants to reverse adoption.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: AZ
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: az 8-123 states that and irregularities are deemed cured after 1 year in the adoption statues
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question today.

Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

So you are correct in that AZ Statute 8-123 states that any irregularities in the proceedings are deemed cured once a period of one year has passed. However, it seems the mother is not attacking the proceedings, but instead is stating that she was not in the right state of mind at the time to execute the adoption. This may not be a valid claim at this stage in the adoption.

I hope I have answered your questions. If I have not, please feel free to ask any follow-up questions you may have. Also, please do not forget to rate my response at your earliest convenience.

Customer: replied 1 year ago.
Correct.. She is attempting to say she did not understand what she signed in dec14 . However the adoption was final may15 and it's now June of 16..Just curious how to avoid sending so much money to defend such crap. I mean waiting this long and knowing you hadn't seen them in two years should be enough to dismiss or not even entertain a filing ?
Expert:  MIAMILAW1127 replied 1 year ago.

Unfortunately, you will still need to spend some money defending it. You will need to get an attorney for this. They may be able to file a Motion to Dismiss or Motion for Summary Judgment and dispose of the matter quickly.