Child Custody

questions & answers

Question: My cousin has a 14 month old boy and she has joint physical and legal custody with her ex husband. She has him the first half of the week and he is supposed to have him the last half of the week as per the court. The ex-husband has not seen his child in over 3 months, because he doesn't want to pick up the kid anymore and has told my cousin every week that he is busy with something else and can not take him. He mentioned to her recently that he just wants to give up the child because he doesn't want to be a father anymore. Is it even possible for him to give up parental rights completely?

Answer: Should the father decide he does not want visitation with his child, he would have to file papers with the court to either a modification or sever his rights.  If the father is in Maricopa County he can go to:  http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/index.asp for the forms.  If he is outside Maricopa county he would want to go to:  http://www.azcourts.gov/familylaw/Home.aspx  There is an article on AZLAWHELP.org that may be helpful.  Go to:  http://www.azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=68
To specifically answer your question, he would have to go to the court or ask an attorney if he can give up his parental rights.

QUESTIONS

  • My cousin has a 14 month old boy and she has joint physical and legal custody with her ex husband. She has him the first half of the week and he is supposed to have him the last half of the week as per the court. The ex-husband has not seen his child in over 3 months, because he doesn't want to pick up the kid anymore and has told my cousin every week that he is busy with something else and can not take him. He mentioned to her recently that he just wants to give up the child because he doesn't want to be a father anymore. Is it even possible for him to give up parental rights completely?

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