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My son married a girl with a child. Almost 6 years have gone…

Customer Question
My son married a...

My son married a girl with a child. Almost 6 years have gone by. The father of the boy does not make an effort to see him. He has only paid support when the county takes it out of his checks, and then he loses his job. My son wants to adopt the boy and the boy wants this too. The father will not relinquish his rights or even let the boy change his name. What can be done legally?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

The father lives in Ohio. My son and his family are now stationed in Arizona.

Lawyer's Assistant: Have you talked to a lawyer yet?

No. My son's wife feels defeated after talking to the father.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The father kidnapped the boy when he was two. The police had to be involved for the mother to get him back while he was hidden at the fathers sisters house. The father has paid

Submitted: 5 months ago.Category: Family Law
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11/14/2017
Family Lawyer: FamilyAnswer, Lawyer replied 5 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 30,984
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 5 months ago

Good afternoon. Is the father aware that if you adopt him, that he will not longer have to pay child support?

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Customer reply replied 5 months ago
but He has paid less that $4000 in eight years. When the county starts taking support out of his check he quits.
Family Lawyer: FamilyAnswer, Lawyer replied 5 months ago

Thank you for the reply. If the biological father is not willing to terminate his parental rights and allow you to adopt, there needs to be a legal basis to do so. When a person seeks to terminate parental rights without the other parents’ consent, however, the process can become complicated. The state of Arizona does not grant these requests for normal circumstances. To even begin proceedings, the child must be in danger physically, mentally or emotionally. Here is sampling of the kinds of circumstances in which a party may file a petition to sever another parent’s rights:

  • Chronic abuse or neglect of the child
  • Abandonment
  • Long-term or chronic illness of the parent
  • Parent is incapacitated because of chronic drug or substance abuse
  • Neglect or abuse of other children residing in household
  • Parent has recently been convicted of a felony or incarcerated
  • Parent fails to establish paternity
  • History of sexual abuse
  • Parent fails to make a reasonable effort

Moreover, under Arizona law, failure to pay child support or make visitation is not an adequate cause for termination of parental rights. As such, one of the factors would need to be present above, to terminate the parental rights of the father.

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Family Lawyer: FamilyAnswer, Lawyer replied 5 months ago

Now, if the father has made no effort to see the child, he could try and proceed on those grounds.

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Customer reply replied 5 months ago
End Now
Family Lawyer: FamilyAnswer, Lawyer replied 5 months ago

Do you have any follow up questions?

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