Legal Question in Family Law in Arizona

Child Abandonment and custody

My fiancee advised me that he no longer had feelings of love in our relationship anymore. He then moved out. I assumed he would be staying in New York as he was drafted into the National Guard. I did not hear from him for 9 days. When he finally called, he was in California (where he is from). He did not tell me where he was going nor did he leave any money to help me support my son until I could become employed again. This was 6/16/04 that I heard from him (6/7/04 that he left our residence). It is now 7/5/04 and it has been one week since called to check on our son and I have received no money from him either (since he left). What are the laws in regard to Child Abandonment and does this apply? He lives in California now, I live in New York and want sole legal custody of our 10 month old son. In fact, I do NOT want a fly-by-night father for my child and would like to have it so he has no rights what-so-ever. I will care for my son and expect child support, but he is an undependable, irresponsible, potential alcoholic, 24 year old child whom I feel should not have any visitation rights as he moved doing what was best for him and not my son. Will my requests be at all possible??

Thank you.


Asked on 7/05/04, 5:06 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Abandonment and custody

It is understandable that you are angry, and feeling hurt and bitter. However, if you intend to use your child to batter your Ex, then you will not be much of a parent.

Your child and your child's father have rights that you do not have the right to impair. Your idea that the Court will enforce obligations without the attendant rigths is faulty.

You may of course seek child support from your local court that has jurisdiction over you and your child, in your home state, for these matters. The Uniform Child Support Act, will provide the Court with the means to enforce the support order, in the state in which he lives or works. In the interim you may be eligible for public assistance.

It is also advisable that you obtain counseling. Even an infant can suffer in response to your pain and exasperation.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 7/05/04, 6:17 pm


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