Child Custody

questions & answers

Question: My husband and I have been separated for 7 months, I have our 3 year old son with me in Arizona with family and my husband stayed in our home in Colorado. He hasn't seen or attempted to see our son and speaks on the phone with him MAYBE once a month, he hasn't supported him financially this whole time even though he has a steady job. My contact information has remained the same this whole time as well. I have never denied him access to our son he chooses not to contact him would his actions be considered a form of abandonment

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

  • My husband and I have been separated for 7 months, I have our 3 year old son with me in Arizona with family and my husband stayed in our home in Colorado. He hasn't seen or attempted to see our son and speaks on the phone with him MAYBE once a month, he hasn't supported him financially this whole time even though he has a steady job. My contact information has remained the same this whole time as well. I have never denied him access to our son he chooses not to contact him would his actions be considered a form of abandonment

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