[jwarin]

HI I'm a young 18 year old mom with 3 kids. I have a 4 month old, a 3 yr old, and a 4 yr old . My 2 older kids have the same dad and the baby has a different dad. The 2 older kids dad is in prison. He has been there since my 3 yr. old was 5 months old. He is an illegal immigrant and is in prison for being a sex offender because I had his baby at age13 and he was 23 at the time. He was physically and verbally abusive toward me and I don't have any love or respect for him. My 2 kids don't even know him at all! Yes they have seen him and stuff, but at a young age and don't remember him. My boyfriend that I'm with now, which is my 4 month olds father, is basically their dad. They call him dad and he takes care of them as his own children. He wants to adopt them, but we are not married. I want him to be considered their dad the legal way. I am just wondering if anyone knows if their biological dad has any say in the whole parental rights thing since he is a sex offender and illegal? Also do me and my boyfriend have too be married in order for him too take over their dads parental rights? In the state of Arizona laws does anyone know? Please give me some advice in what to do? Thanks for all who read and take the time too let me know.

JESSICA FROM ARIZONA :)

[stevetcg]

You will need to be married, yes. I believe AZ has a 1 year law meaning you need to be married for at least a year before a stepparent adoption can occur, but I cannot find any solid statue on this at the moment.

There is no way to avoid getting the biological father's permission to do this. After all, you cannot use the excuse that you cannot find him. :)

If he is a sex offender vs a minor, it should not be terribly difficult having his rights involuntarily revoked if he refuses to allow the adoption. You will need a lawyer for either action though, so I would save up some money in case the bio-father wants to be difficult.

And based on experience, he might very well be difficult just because he has nothing better to do. Just wanted to prepare you.

[stevetcg]

As for time married, all I can find is references to "some amount of time" indicating to me that it is at the discretion of the court. You might seek a local lawyer for clarification.