Child Custody

questions & answers

Question: How do I prove “child abandonment” from my child’s father in order for me to get sole custody. He put himself on child support but still doesn’t see our child. He goes weeks/months without seeing or asking for him, our child is barely 1 1/2.

Answer: The details are important in a case like this.  There is no cut and dry answer.  Every case gets decided on the specific facts of the case.  You really need to sit down with a lawyer and go over the details of  your case.  You will need to provide information like the following:  Are you and the father divorced?  Is his name on the birth certificate?  Does he pay his child support through the court system?  Is there currently a court order giving the two of you joint custody?  (custody is now called legal decision-making in the courts).  Proving abandonment is something you do to revoke a parent's rights.  Sounds like you are more interested in sole legal decision-making and the right to sole physical custody of the child. If you do want to file to revoke his parental rights, you need to understand all the implications.   Will he agree to change the custody order or are the two of you at odds?  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.