Child Custody

questions & answers

Question: My 4yo daughters biological “father” hasn’t seen nor spoken to her in just shy of 6months which was just a call on her birthday and hadn’t spoken to her several months before that. He hasn’t paid child support for almost a year and a half. And he has only physically seen her 4 times in her entire life 3 of which I brought her to him in a different state. Mind you I was with her the entire time they were never alone nor has he ever cared for her by herself. My husband and I met when she was 7 months old and we want him to adopt her bio dad said no of course. So I want to know whaticandolegally

Answer: You can obtain an order from the court to enforce support and follow the court's instructions to have the father's wages garnished.  Sometimes, court action to collect current and past child support will make a disinterested bio-parent rethink his position on relinquishing parental rights.  I am assuming that you already have a custody and support order in place with the court.  If not, you will need to file a petition for sole legal decision-making (custody) in family court.  You can find the forms and instructions for filing on the court's website.  Go to: https://www.azcourts.gov/selfservicecenter/Family-Law-Forms.  It would be a good idea to talk to an attorney about your specific situation and get some advice.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • My 4yo daughters biological “father” hasn’t seen nor spoken to her in just shy of 6months which was just a call on her birthday and hadn’t spoken to her several months before that. He hasn’t paid child support for almost a year and a half. And he has only physically seen her 4 times in her entire life 3 of which I brought her to him in a different state. Mind you I was with her the entire time they were never alone nor has he ever cared for her by herself. My husband and I met when she was 7 months old and we want him to adopt her bio dad said no of course. So I want to know whaticandolegally

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  • State Bar of Arizona
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    Referral number 602-257-4434
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