Legal Question in Family Law in Arizona

My son was born in 2006, by 2007 I was granted sole custody with child support and he was also supposed to cover medical insurance and a portion of the bills. He turns up in my back acount every now and again by way of a check from him for child support. but we have not seen him in five years. So I have covered my child's health insurance since he was born. I am working to severe completly as I am married and we all are happy. But I am wondering if that can be brough uo in cour fir possible repercusions?? I that something I can go after for him to pay me back??? Not that I want it I just want him to go away but that would help him go away/// Just wondering if that ever happense collectin on something like that??


Asked on 3/29/12, 10:32 pm

2 Answers from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

If (1) he has had NO contact for five years, and (2) is not really current in his child support obligation, and (3) you are remarried.......... then you have a very strong case to terminate his parental rights. In doing so, you do not even need to WAIVE the amounts he owes you. Once the termination is granted, you could then pursue "step-parent adoption", although you are not required to do so.

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 3/30/12, 8:27 am
Carlie Owsley Walker The Owsley Law Firm, PLLC

I practice in this area often, and am certainly willing to discuss further should you have any questions. If he has had no contact for more than six months, we can file a petition to terminate based on abandonment, as well as under best interest of the child. In addition, if he has other drug or alcohol related issues, we can include this as a basis. If the termination is granted, we are then free to pursue a step-parent adoption. There are many steps to this process. We offer free consultation in person and by phone. I hope if you have any questions we can assist.

Best,

Carlie Owsley Walker

623-748-8973

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Answered on 3/25/13, 12:24 pm


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