Child Custody

questions & answers

Question: I have a 2 year old son and his father has not contacted me to see him in 5 months. Currently he is incarcerated and has not paid any money for the purge amount for the passed 2 months. Am I able to file for child abandonment after 6 months if the father continues this behavior? If so, how do I go about filing for this?

Answer: The following is provided for general information only. Arizona Revised Statute A.R.S. 8-533 states that any person including a relative may file a petition for termination of the parent-child relationship for reason of abandonment. “"Abandonment" means the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months” is evidence of abandonment. This definition of abandonment is found in A.R.S. 8-531 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00531.htm&Title=8&DocType=ARS .The petition shall include the contents listed in A.R.S. 8-534. For more information on termination of parental rights you may want to look at A.R.S. § 8-532 through A.R.S § 8-539. To find out how the law applies to a specific situation, contact an attorney directly.

QUESTIONS

  • I have a 2 year old son and his father has not contacted me to see him in 5 months. Currently he is incarcerated and has not paid any money for the purge amount for the passed 2 months. Am I able to file for child abandonment after 6 months if the father continues this behavior? If so, how do I go about filing for this?

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