While many stepparent adoptions are straightforward, even small mistakes can cause major delays—or result in denied petitions. Here’s how to avoid the most common pitfalls.
Pitfall #1: Failing to Get Proper Consent (or Seek Termination)
Many stepparents assume they don’t need the other parent’s consent if they haven’t been involved. However, Arizona law requires consent or court-ordered termination in nearly every case.
Solution: Work with an attorney to determine whether consent is required and how to handle it legally.
Pitfall #2: Incomplete or Incorrect Paperwork
Missing documentation, outdated forms, or improper service of notices can stall your case for months.
Solution: Ensure all required documents are submitted, including:
- Proof of marriage
- Birth certificates
- Background checks
- Consent or termination filings
Pitfall #3: Misunderstanding Eligibility Rules
Arizona courts won’t waive background checks or investigations just because the adoption feels obvious or loving. There are specific legal thresholds that must be met.
Solution: Confirm eligibility and legal requirements before filing. Avoid assumptions.
Pitfall #4: Assuming It’s Just a Form
Stepparent adoption is a court proceeding—not just paperwork. It requires a hearing, proper notice, and sometimes contested testimony.
Solution: Prepare with your attorney as you would for any important legal process.
At Modern Law, we’ve seen where cases go wrong—and we help clients sidestep those mistakes with a thorough, proactive strategy.
