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Children having children (custody/adoption law)

 
 
Reply Fri 27 Jul, 2007 08:11 pm
Please note that this is in the legal forum and not the parenting or debate forum.


Let's say a 17 year old boy impregnates an 18 year old girl. The couple decides they want to place the child for adoption.

The boy's mother wants to adopt the child. Both mother and father of future-child oppose this idea for whatever reason.

Does the grandparent have a right to the child because her child is a minor?

I'm particularly interested in Arizona law.

Many thanks.
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Type: Discussion • Score: 1 • Views: 2,460 • Replies: 32
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boomerang
 
  1  
Reply Fri 27 Jul, 2007 08:29 pm
Hmmm...

Maybe the real question is:

Can a minor sign a legally binding document without his parent's approval.

That broadens the scope quite a bit.

Would they have to file for emancipation first?

What if they would be of legal age when the child was born. Would that make a difference?
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ehBeth
 
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Reply Fri 27 Jul, 2007 08:43 pm
Does the mother have to identify the father at the time of birth?
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boomerang
 
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Reply Fri 27 Jul, 2007 08:52 pm
I don't know.

I think that if she doesn't that the state attempts to find him though because of child support issues. How they go about finding him, I have no idea.

It's really a strange situation. I would think that there are laws that address such things though.

I think it's an interesting issue and wanted to know more about it in general. The Arizona specific is based on a question someone asked on an adoption forum I visit; it doesn't have a thing to do with me, but I'm curious.
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ossobuco
 
  1  
Reply Fri 27 Jul, 2007 09:08 pm
All very interesting.

My guess is granny doesn't have a right, but might prevail, or have a leg up, by virtue of family, which we all know can be soooo wrong.

Well, I'll be quiet and listen.
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ehBeth
 
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Reply Fri 27 Jul, 2007 09:08 pm
Quote:
Who Must Consent to an Adoption

Statute: ยง 8-106(A), (B)

* The birth or adoptive mother

* The father:
o If he was married to the mother at the time of conception
o Is the adoptive father
o Has otherwise established paternity
o Any guardian of the child or agency that has been given the child to place for adoption
o The guardian of an adult parent, if one has been appointed
o Minority of the parent does not affect competency to consent.


http://laws.adoption.com/statutes/arizona-laws,3.html
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ehBeth
 
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Reply Fri 27 Jul, 2007 09:10 pm
It would appear that mother and father could put the kibosh on grandmother adopting - as they have to consent to the adoption.
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boomerang
 
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Reply Fri 27 Jul, 2007 09:13 pm
You are an A number 1, top knotch researcher, eBeth.

Amazing, I tell you.

Thank you. I'll pass that info along.
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ehBeth
 
  1  
Reply Fri 27 Jul, 2007 09:18 pm
Hope it helps mom, dad and baby.


(there's more useful stuff on the same page - such as, if dad doesn't declare himself, he can't give consent - seems like there are a few ways to lock grandmother out)
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boomerang
 
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Reply Fri 27 Jul, 2007 09:35 pm
I hope it helps too.

When I read her post it dragged up a lot of stuff for me.

I know that it would have been over Mo's mOther's dead body that her "parents" were ever in the same room with Mo. And I know her reasons were good.

She wanted to protect him from her "family" and she trusted me to do that. I take that trust seriously.

Someone came in telling this young girl that the child being with grandparent's was a good idea and it kind of flipped me out. I don't know her whole situation by any means but I didn't want her to feel trapped.

I passed the info. you found along.

So thank you from both of us.
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bigredsshop
 
  1  
Reply Tue 31 Jul, 2007 01:26 pm
No they wait three months and then deny you visitation on your childs 5th birthday after you have already taken a paternity test. Then 5 police try to gret you by telling you that you have abducted your own daughter.
You are made to give her back even though there is no court documentation for either side. then the corts allow, adultery, lying, fraud, perjury, and Contempt of the law itself. While your ex mother in law raises your daughter, your ex wife collects the child support and the County Court allows violation of all of PA. Code 23., then to boot they allow heads of Domestic Relations to lie. Things could be worse, I could still be fighting the errogance of this system, Oh I am Shocked I should have known better ya can't fight city hall, especially when it's already corrupt. Rolling Eyes 4 lawyers, 5 judges, 3 court custody concilliators, 1 D.A. ,1 assistant DA. 1995 to the present day 7/31/2007. Knowone can get thier head out of thier ass far enough to see what they are allowing to happen to todays children. Truely ignorance in motion Confused one very kind court custody concilliator has asked, "please tell me what's wrong with it I can't fix it unless I know what's wrong with it" to bad he passed away and never got his question answered. The wheels of justice don't move slow, Idea they move in reverse. Rolling Eyes
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JPB
 
  1  
Reply Tue 31 Jul, 2007 02:05 pm
Sounds like you've made a couple round trips to hell and back, red. All you can do is to keep beating your head against the wall and hope for a crack.
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bigredsshop
 
  1  
Reply Tue 31 Jul, 2007 02:08 pm
JPB wrote:
Sounds like you've made a couple round trips to hell and back, red. All you can do is to keep beating your head against the wall and hope for a crack.

why should I beat my head against the wall? It never did anything to me.
I'd rather take it out on the system that made itself so ignorant. Razz
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Noddy24
 
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Reply Tue 31 Jul, 2007 02:39 pm
Bigred--

Twelve years. Your daughter must be nearly grown by now.
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bigredsshop
 
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Reply Tue 31 Jul, 2007 04:19 pm
Noddy24 wrote:
Bigred--

Twelve years. Your daughter must be nearly grown by now.

Yes she is 15 and going onto 42, or at least thats what she thinks.
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ehBeth
 
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Reply Tue 31 Jul, 2007 04:21 pm
Were you a teen when she was born, bigredsshop (wondering - given the topic of the thread)?
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bigredsshop
 
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Reply Tue 31 Jul, 2007 04:32 pm
ehBeth wrote:
Were you a teen when she was born, bigredsshop (wondering - given the topic of the thread)?

I was 27 an my ex was 26 But neither of us was prepared properly for the ignorance of the system that was about to take place, or the lies of my ex. caught at gun point on a local bridge with a co worker , I think that they were playing patty cake, and so do the courts. Rolling Eyes
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bigredsshop
 
  1  
Reply Tue 31 Jul, 2007 04:42 pm
I was away at work in lLong Island At the time she was actually robbed two weeks earlier. It just never made the paper until I was in Long Island.
My supervisor called me to tell me that he had just read it on the 28th of november 1994. I was later told by her boss where she worked at our counties prominent newspaper that they had been seen in person kissing.
While I was still married to her cheating ass. I told my lawyer all of this and he informed me that I did not have enough money to fight this type of case and that the woman always gets custody in the state of Pnnsylvania, and esspecialy in the county where I reside. Can you say crooked corrupt rat basterds 10 times real fast?
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boomerang
 
  1  
Reply Tue 31 Jul, 2007 04:58 pm
I am so completly not following your story.

Let's see....

Your wife was robbed.

Two weeks later this is reported in the paper while you are out of town working.

Later someone tells you she was seen kissing someone. (The man who robbed her?)

You get back and catch her with the man and pull a gun on them.

You and your wife split up.

You're prevented from seeing your daughter for three months.

Something happens on or around your daughter's fifth birthday that leads to a charge that you kidnapped her.

Now your mother in law is raising the child and you are paying child support.

Is that correct?
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bigredsshop
 
  1  
Reply Tue 31 Jul, 2007 11:48 pm
No not at all, but the last part might be close. My Daughter was born 1992.
We had our daughter out of wedlock. we got married in October of 1992.
I flipped back and forth between jobs till I found a steady one, with good benefits. 1994 I was told by my wife that I needed to work two jobs to support her and our daughter, I told her that both family members
need to work in order for the family to make it in todays society.
My wife at the time worked for a newspaper, even though I told her that the times were different it would break us appart. While I worked day shift, she worked second shift for the composing department. I was in long Island when I got a call from my supervisor telling me that he read the newspapaer, and noticed that she was robbed at gunpoint on the bridge with another coworker. I had already noticed that she was comming home later than usual.
My older brother meet someone at a night club who said he had meet me once where he worked. Now my curiosity is peaked, since my wife told me she was out having coffee with Sue another coworker. This had to be a lie. How many nights for a month straight could you be having coffee with Sue.

I go out to this night club as it's late in the morning when her boss got off
his shift. I find out that he's the guy that she hates. He tells me that my ex and some other moron that she worked with are screwing around behind my back. All of a sudden in early 1995 she has a bug up her tail.

She screams at me on more than 1 occasion that she should have listened to her welfare caseworker, divorced me, and collected child support!!!!
Now the best is yet to come,

One day she comes home from the store, I had just walked in and sat down from work, and wham my wife grabs me by the neck and scratches the living **** out of me!! I go to work the next day and have to tell everyone that it's rough sex, dam I am a rotten lier.
I had a verbal agreement to visit as long as I paid support. after having talked to numerous family, lawyers, and friends. I knew that I would be paying support for my daughter. On my daughters 5th birthday, I was kept from seeing her by her moms family. Everyone in the family lied but one sister who told trhe truth. Low and behold there was my daughter with the 1 sister that said she didn't expect to see my ex at all that day!!

The next visit with my daughter I took her from her grandmoms house and ran out the front door with her and got into my truck, locked the doors and proceeded to head out of town. I was pulled over in a neighboring town by five police cars, this was the result of an amber alert, problem was that they could not get me for anything because shes my daughter. I still had gifts for her and her cousins behind the seat of my truck. I told the five cops there that day that they were making history. Still they made me give her back to her mother's family. So now at this point I have to fight the law to have a right to see my own daughter, and $1400.00 of my mothers money just to have that right.
1 lawyer already down for failing to do his job properly during the divorce.

Are you following this? Or is this boomeranging all over you?

Now on to the second lawyer, I go in front of the court just to have some document that nobody follows but the father apparently. It's called a court custody cover sheet. You file it with the town police department where you live and your ex lives. Men have to follow this document to the letter and women don't. Basically it's something to apease the judge but not the child that's put in the middle of this horrific horse pucky.
all the time I am paying child support my daughter lives with her matriarch, grandmom on the mothers side, but mom is collecting support from me. Income tax evaision dude, because you can bet that the ex collected a childs earned income credit, but grandmom is the one raaising her.
I get rid of the second lawyer because I never got the court document that I should have.
I hire a close friend that I shot pool with. He defends me in a DUI.
I loose the driving privledges for 2 years. Totaly my fault.

But now according to the court I am a drunk. I ask the same lawyer to file for custody and take the case for me, after I had already filed pro se, Pro Se, means by yourself without an attorney or esquire lawyer and so on.
He takes the case and it does me no good because of the corruption in the courts and the state welfare department. I sit in front of a woman head of domestic relations section I tell her in front of my ex that she wants more support because she doesn't like my insurance, blue cross , blue shield, a do nothing for you insurance, i also told this woman that my daughter isn't living with her mom, she's been living with her grandmom for 4 years.
My ex openly blurts out that she has lived with my mom for the past 6 years. at this point I am ushered out of the office. My ex got the extra $30.00 a month and the woman a head of domestic relations typed into her computer that it's a baby sitting arrangement.
Now people that live with thier grand parents are all being babysat!!
I got rid of my friend because he did not work out as a lawyer in a custody dispute.

I finally went to my daughters school and notified the teachers of what's been going on. At this time she went to live with her mom for a period of
1 1/2 years.
After my ex and I both got remarried she had had another out of wedlock child with the guy she was screwing around behind my back with. Oh and he was married all this time to a woman that was on her death bed. nice snake huh.
In 2004 I had to refile for custody again as my daughter was living with her grandmom again after her great grand mother and her great
grandfather both died at the same time and both on different sides of the family. The moron didn't wan't my daughter living there anymore.

He had been caught watching her go plces and this freaked me and some of the other family members out. Truth was that my daughter was to much for them to handle! and she still is.
When I refiled in court low and behold my ex motherin law also filed a pettition for custody, now the moron judge gives her custody and claimed that the county and domestic relations have had no wrong doing in any of this. F*^&ing snake for honors sake. ex mother in law comes to court for the very first time, and gets custody over the father after 8 years of lies and deceit.
I should have been born a woman, but no I had to be a walking sperm bank instead!! Rolling Eyes Now grandmom has had her for three years and my daughter has decided that she no longer needs to listen to her father, after skiping 29 days of school and being late another 13, of which I took her 10 times myself.
Bye the way I left out all the sorted stuff because it's just rotten filler,
and when I say rotten I mean down right scumish rotten. If it's possible lower than the underside of an ameba!
Now do you have any questions? Or has this been crystal clear enough for you? Razz
wow I can't believe that it only took an hour and a half to right that Razz
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