Adoption

questions & answers

Question: Son in prison for drugs only but will be in for several years (first time incarcerated). He is in a drug rehab program there. Grandmother from mother's side has custody of his child. She asked him to sign away his rights as a parent. When he refused she said she can go to court and adopt the child anyway because of his being in prison. Can she do this? Can he loose permanent custody with this.

Answer: Title 8 of the Arizona Revised Statutes (A.R.S.) contains the Arizona laws on adoption. A.R.S. § 8-106 discusses whose consent is needed before the court can grant an adoption. You will notice from the statute that whose consent is necessary varies depending on what prior events occured. After reviewing the statutes, you have concerns about how the law applies to your situation, your son might want to consult with an attorney.

QUESTIONS

  • Son in prison for drugs only but will be in for several years (first time incarcerated). He is in a drug rehab program there. Grandmother from mother's side has custody of his child. She asked him to sign away his rights as a parent. When he refused she said she can go to court and adopt the child anyway because of his being in prison. Can she do this? Can he loose permanent custody with this.

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