Child Custody

questions & answers

Question: I have 2 daughters with my ex, and am paying child support for them. I fell behind on child support due to medical reasons and not being able to work, and now she's holding my kids from me. She wont answer calls and I havent seen my kids in several years. If I'm currently paying child support but still owe back child support, can she legally hold my kids from me?

Answer: Arizona law considers child support and visitation to be separate issues.  Arizona Revised Statutes, Section 25-414 provides for penalties if one parent denies visitation to the other in defiance of a court order.  To enforce your visitation rights, you will need to file a petition with the court.  It may be in your best interests to at least speak with a lawyer.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.

QUESTIONS

  • I have 2 daughters with my ex, and am paying child support for them. I fell behind on child support due to medical reasons and not being able to work, and now she's holding my kids from me. She wont answer calls and I havent seen my kids in several years. If I'm currently paying child support but still owe back child support, can she legally hold my kids from me?

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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