Legal Question in Family Law in Arizona

I have not heard from my son's father since mid-April, over six months ago. I do not expect him to contact me any time soon. I do not believe that he is doing well emotionally or financially and I understand he is not living his life responsibly. He has never paid child support as there has never been a court order for him to do so. We were never married. There is no custody agreement in place and as I understand, that gives me custody by default in Arizona. I would like to have his rights revoked, but he is listed on my son's birth certificate. Am I able to do that in my county? And if I do, does that mean there can never be an order for child support? What are the steps I need to take in order to start the process and what is the likelihood that it would be granted? Would laws of child abandonment apply to my situation?

Asked on 10/22/13, 6:55 pm

1 Answer from Attorneys

Carlie Owsley Walker The Owsley Law Firm, PLLC

You are able to file for termination of parental rights based on abandonment. Until the court grants an adoption however, he could still be responsible for child support. Although, some Judges may be unwilling to terminate his rights unless there is a second parent ready to adopt your child. Other Judges may grant the termination based on your specific facts.

We offer free 30 minute consultations if you have further questions.

Best of luck!

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Answered on 11/01/13, 12:11 pm

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