How Does Adoption Work if One Person is in Prison?

In Arizona, as in other states, you cannot adopt a child unless they are a ward of the state, or their parents have had their rights terminated. Of course, if you’re looking to adopt your stepchild, you only need the second parent to consent to the adoption. And if you’re adopting a foster child, the biological rights have already been terminated. The only problem your Arizona family lawyer will have is getting the biological parental rights terminated by the court in a traditional adoption.

Your Arizona Family Lawyer Has to Get Both Parents to Consent

Sometimes, if you’re lucky, the parents will consent to the adoption, and it won’t be an issue. Your Arizona family lawyer will simply have them both sign away their rights and get on with filing our petition for adoption. This typically only happens when a set of young parents are signing rights over to their parents or a family member. More recently, the court are seeing this with drug addicted parents who simply cannot or will not take care of their children. In either situation, it’s unfortunate that a mother and father are willing to voluntarily sign away their parental rights. However, if it’s in the best interest of the child, that’s all that matters.

It’s Not Easy to Get Parental Rights Terminated

If your Arizona family lawyer has to submit your request to terminate a person’s parental rights, expect an uphill battle. It’s not like a judge is asking to take away someone’s driving privileges. Parental rights are some of the most sacred under the law. In order to convince the judge to cancel either person’s parental rights, your attorney will have to show one of the following:

  • The parents have consented
  • They are guilty of negligence or abuse
  • They aren’t actually the child’s parents’
  • They have a problem with drugs or alcohol
  • They are incarcerated
  • They have severe mental issues
  • They have not seen the child or provided support in years

Okay, so you think your Arizona family lawyer has the evidence necessary to get the parental rights terminated. However, the judge will likely give the parents the benefit of the doubt. Once the rights are terminated and adoption proceedings begin, the mother or father are often allowed the chance to appeal the decision.

What Impact Does Being Incarcerated Have?

Just because someone is in jail does not mean their rights will be terminated. They could be in jail for a few weeks, or they could be in prison for life. The length of their sentence may have an impact on whether parental rights are left intact. If the parent is going to be out of jail within a few years, they’ll retain their rights. If, however, your Atlanta family lawyer can’t prove they’ll be a danger to the child, it’s going to be hard to prove your case.

Be Confident and Have Faith in Your Ariona Family Lawyer

It’s never easy getting someone’s parental rights terminated. It should be that way. If the show were on the other foot, you’d want the benefit of the doubt. Just be honest and tell your Arizona family lawyer the truth and you could be surprised. The courts don’t always give you the answer you want, but you usually make the right decision. Call and talk to your Arizona family lawyer and set up a date and time to talk. Bring as much information s possibly your attorney n