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Court voids adoption while father fights for parental rights

| Aug 21, 2014 | Family Law |

An adoption that was approved by an Arizona court while the child’s biological parent was appealing his loss of parental rights was determined to be void in a recent ruling by an appellate court in Phoenix. According to the report, the majority of the three Court of Appeals justices ruled that the foster parents could not adopt the two children until their biological father’s case had been resolved.

The biological father was reportedly stripped of his rights in 2011. While he attempted to appeal the ruling, the children’s foster parents decided that they wanted to legally adopt the two children. With the Department of Child Safety working on their behalf, a Mohave County superior court granted the adoption. Because he no longer had parental rights, the biological father was not notified.

An appellate judge ultimately overturned the order that terminated the man’s parental rights. The judge stated that, by allowing the adoption, the man’s rights were “severed a second time” without his knowledge. The final ruling made by the appellate judge protected the man’s parental rights until his petition can be fully settled.

All parents have rights that must be protected by the court — even if they have temporarily lost custody, which the recent appellate ruling underscored. Until their case has been resolved, children in the custody of the state cannot be adopted. A family law attorney may be able to help parents in situations like this who have lost custody of their children due to temporary circumstances. The attorney may be able to provide proof that they can properly provide and care for their children. If the government agency that took the children violated the biological parent’s rights by adopting out the children illegally, the attorney may be able to help provide legal assistance by filing an appeal and arguing that the adoption should be nullified.

Source: Camp Verde Bugle, “Appeals Court nullifies adoption“, Howard Fischer, August 19, 2014

Source: Camp Verde Bugle, “Appeals Court nullifies adoption“, Howard Fischer, August 19, 2014

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