[Tkmaz]

I've read through some posts & I'm hoping someone can answer these questions. We plan on getting a lawyer after the start of the year & I'm sure they could help with these questions but I'd like to become as educated as possible. Isearched info by state on this site & did not find much.

I read it's illegal to forgive past due amounts of the BF(BioFather)....is it also illegal or frowned upon if we planned on paying off the amount? Some is due back to state as well as past due child support.

Who do we contact first? Maricopa Adoption agency (is that the name?), Lawyer, or Homestudy agent?

I feel safer having a lawyer, how do the judges feel about lawyers?

What is the minimum allowed years to be married before a stepparent can adopt? We've been married 6 mos, but lived together 4 yrs.

Is there a "guide" for Stepparent Adoption in AZ?

Thank you in advance.

[BrandyHagz]

is it also illegal or frowned upon if we planned on paying off the amount?

You can't forgive arrearages - you can only make suggestions in court to the judge, who will then make the decision. If you want to pay off the amount owed to the state, make that suggestion in court, but don't make any promises to anyone.

Who do we contact first?

Contact the Maricopa County Attorney’s office Adoptions Unit – (Google it) – leave a message if you get voice mail, they do call back. They will send you a packet, outline all of the required stuff.

If this is a non-contested adoption, you shouldn’t have to hire your own attorney.

The next step, after making sure you meet all the requirements for adoption, is to contact the Homestudy agency (They will send you a list of providers in your area) and start that process.

how do the judges feel about lawyers?

Well, since most judges were once lawyers, I assume they like them – but I can’t speak for every judge

If you’re asking do you need to have one to do the adoption – the answer is yes, that is what the county attorney is for – they will represent you, free of charge, in an uncontested step parent adoption. You are not required to hire private counsel unless the adoption will be contested.

The Termination of Parental Rights is pretty straight forward – but I don’t think the County Attorney provides the documents for that. There are places on the net that sell the documents, should you need to purchase them.

What is the minimum allowed years to be married before a stepparent can adopt?

Sorry, I don’t know the answer to this, because this wasn’t an issue for us, we’d been married for more than five years. The general rule, I think, is one year though, so be sure to ask when you call. The process to proceed with a step parent adoption is about six months, although we’re getting it done in just under 4 months (start to finish) – so its possible you could apply now, start the process and have it become final just after your anniversary.

Is there a "guide" for Stepparent Adoption in AZ?

Not that I am aware of – but the Maricopa County Attorneys Adoptions Unit packet contains a lot of really useful information. I highly suggest you start there then move forward.

Arizona is one of only a few states that handles the legal process of finalizing adoptions, without the adopting family having to hire an attorney to do it.

Good luck! We finalize next week!

[Tkmaz]

Brandy thannks for all the information, I appreciate it. I PM'd you last night, pls disregard, you just answered all my questions!

[Tkmaz]

One more question on "uncontested". How do you know it's uncontested until you've put things into motion. As of now we have no way to contact the NCP - so we don't know if he'll contest. Do we just carry on & wait for that possibility?

Thanks!

[BrandyHagz]

No, uncontested means that the father is willingly terminating his rights - so in this case, if the father is not willingly terminating his rights, you will have to hire an attorney to terminate them for you.

[stepadoptionblog]

If you do not know where the NCP is, then you are going to have to prove to the court that you did your best to attempt to find him. Some ways of tracking down an absent parent are:

AnyWho: Internet Directory Assistance; Yellow Pages, White Pages, Toll-Free Numbers, Maps and Directions

calling 411

getting in touch with old mutual friends

getting in touch with the NCP's family

Try using the Post Office's 'Fowarded Address Requested' service if you have an old address of the NCP

If you cannot locate the NCP then you will have to publish a notice in the paper (either in the state that the child resides, or the last known place of residence of the NCP depending on the state law) The ad will run for just over thirty days, giving the NCP time to see and if desired respond to the notice (which states the intent to terminate the NCP's rights and a stepaprent adoption to follow.) If no response is received by the court within the alloted time amount, the stepparent adoption will continue as though he is not contesting the adoption.

Stepparents more often than not do need to be married for at least a year before a stepparent adoption can occur. Very few states have the limit set at six months.


Stepparent Adoption Blog