My husband has three children from his previous marriage, his ex-wife remarried in May of 2004. She asked in Nov. of 2004 if her new husband can adopt the three children. My husband agreed because he didn't have very much custody of the children and wanted them to have a stable life. His ex and her husband told my husband he had to relinquish his parental rights before the stepparent adoption papers could be signed. He did so in Nov of 04' and also signd the adoption papers in the same month. He was told it would take 6-12 months to be finialized and it has now been 16months and we have no idea what is going on. His ex called in June 05' stateing that she had him sign the papers so he could not see the children but, she plans to extend the adoption process as long as she can in order to receive the child support from my husband. We cannot get any info. on the status of the adoption because the Maricopa County Attorney's office is representing them for the adoption and cannot give out any info. So, my husband is still paying $632 a month for children he hasn't been able to see or talk to sence Oct. 2004. Is there anything we can do? Should he still have to pay support? We cannot afford a lawyer so any advice will help.

This is maricopa county, mesa, az

thanks!! :confused:

My husband has three children from his previous marriage, his ex-wife remarried in May of 2004. She asked in Nov. of 2004 if her new husband can adopt the three children. My husband agreed because he didn't have very much custody of the children and wanted them to have a stable life. His ex and her husband told my husband he had to relinquish his parental rights before the stepparent adoption papers could be signed. He did so in Nov of 04' and also signd the adoption papers in the same month. He was told it would take 6-12 months to be finialized and it has now been 16months and we have no idea what is going on. His ex called in June 05' stateing that she had him sign the papers so he could not see the children but, she plans to extend the adoption process as long as she can in order to receive the child support from my husband. We cannot get any info. on the status of the adoption because the Maricopa County Attorney's office is representing them for the adoption and cannot give out any info. So, my husband is still paying $632 a month for children he hasn't been able to see or talk to sence Oct. 2004. Is there anything we can do? Should he still have to pay support? We cannot afford a lawyer so any advice will help.

This is maricopa county, mesa, az

thanks!! :confused:

if he has a copy of the papers take them to the child support office or find a lawyer to give you free legal advice. maybe the support office has suggestions also.

My husband has three children from his previous marriage, his ex-wife remarried in May of 2004. She asked in Nov. of 2004 if her new husband can adopt the three children. My husband agreed because he didn't have very much custody of the children and wanted them to have a stable life. His ex and her husband told my husband he had to relinquish his parental rights before the stepparent adoption papers could be signed. He did so in Nov of 04' and also signd the adoption papers in the same month. He was told it would take 6-12 months to be finialized and it has now been 16months and we have no idea what is going on. His ex called in June 05' stateing that she had him sign the papers so he could not see the children but, she plans to extend the adoption process as long as she can in order to receive the child support from my husband. We cannot get any info. on the status of the adoption because the Maricopa County Attorney's office is representing them for the adoption and cannot give out any info. So, my husband is still paying $632 a month for children he hasn't been able to see or talk to sence Oct. 2004. Is there anything we can do? Should he still have to pay support? We cannot afford a lawyer so any advice will help.

This is maricopa county, mesa, az

thanks!! :confused:

Something sounds fishy to me. It appears that the adoption just isn't being done.

If I were him, I'd make it clear to her that until the adoption is done, he still has full legal rights to the kids and that he wants to exercise his visitation rights. If the adoption is not complete, then his rights have not yet been terminated which means he still has visitation rights. This may spur her to get it done and quit dragging it out.

What papers did he sign to reliquish his rights? Until all papers are finalized, he has to pay support and she has to give him visitation.

:confused: When his X first came to him about the adoption and he deceided to do it she said she would get the paperwork together and call him to meet at a bank to sing them infront of a notary, the first paper that she gave to him was an affidavit and consent to terminate parental rights. His X stated that she talked to a lawyer and he had to have his rights terminated first before they could perceed with the adoption. He signed those papers in the begining of Nov. 2004. In the papers on the secound page it states," The underdigned fully understands that the relationship of the parent and children all legal rights, privileges, duties, and obligations and other legal consequences of the natural relationship of parent and children shall terminate upon the granting of an order terminating the parental rights of the undersigned." It also states, "The undersigned understands and acknowledges that ( X's name) shall be the sole guardian of the minor children and will have the sole responsibility to provide care and support of the children." "I am also aware that upon the entry of the order of termination, relationship of parent and children shall end and be completely severed and all legal rights, privileges, duties, obligations, and other legal consequences of the parental relationship shall cease to exist and the undersigned will no longer be the children's parent." It was my understanding that child support was a legal obligation that should have ended upon the entry of the order of termination! Then, she called and stated she had the step-parent adoption papers to sign so, on Nov. 5, 2004 he signed a consent of natural parent to adopt. on the first page it states," I, (his name),being the natural father of (children's names), do hereby relinquish and give up all my parental rights to the care, custody, control, and visitation of the minor children to (X's name) and (step-father's name), and I herby consent that (step-father's name) my adopt the minor children. "I further understand that upon entr of the decree of adoption, the relationship of parent and children, and all the legal rights, privileges, duties, obligations, and other legal consequences of the natural relationship of parent and children, shall therafter exist between (children's names) and (step-father's name). He will be the children's father. I am also aware that upon entry of the decree of adoption, the relationship of parent and children between (children)and me shall end and be completely severed and all legal rights privileges, duties, obligations, and other legal consequences of the relationship, shall cease to exist, I will no longer be the children's parent." He also had to sign a notice of hearing stateing that his X having filed with the court a verified petition to terminate the parent-child-relationship between my husband and his children. It stated there would be a hearing to consider the petition to terminate the rights on Nov.22, 2004. It stated he had a right to appear as a party in the proceeding but, he could not get off work for it so, now he doesn't even know if his rights realy are terminated and we don't know how to find out. But, when she got a wild hair up her but and filed a restraining order she stated on the order he has no rights to the children because his rights were terminated, did she have to prove his rights were terminated to get the restraining order? I believe she's just not proceeding with the adoption or she's purposely takeing her sweet time so she can still collect child support without him being able to see the children :mad: If his rights were terminated by the first papers he signed than he shouldn't be paying child support :confused: or, does the adoption papers which also terminates his rights overrule the first order? If so, is it when the papers were entered into the courts his rights are terminated, or when the adoption is finialized?? This whole thing is a mess!! He's paying for children he's not allowed to see, while their mother does not and has not worked sense 1998, went to beauty school and dropped out after 5 months, when she re-married (she "trapped" another man into supporting her lazy butt), has a house, brand new van, and my husband, and I have to work our butts off to support our 10month old daughter, my two sons, and ourselves, struggeling paycheck to paycheck after his child support comes out, all the while his children are calling someone elese "dad". :( If anyone knows how we can find out if and when his rights were terminated please let me know!!! THX!!!

He should go to the court where the adoption is pending and contest the adoption and tell them it was a ploy for her to keep him out of the kdis' life and collect money and tell the court they should not allow the adoption and to reinstate his parental rights. After the parental rights are reinstated, if you both agree, I think he should go for custody of the kids because I am not sure they are served living with a mother who thinks like that. Consult a local attorney to get process of reinstating parental rights started and to seek to nullify adoption and get new visitation orders.

he underdigned fully understands that the relationship of the parent and children all legal rights, privileges, duties, and obligations and other legal consequences of the natural relationship of parent and children shall terminate upon the granting of an order terminating the parental rights of the undersigned."

The keywords here are 'upon the granting of an order'....the order has not been granted yet...it is not granted when it is signed...and your husband still retains all rights until the motion to TPR is granted in the court. Your husband should fight for his legal right to see his children until the case is resolved.