Child Custody

questions & answers

Question: Ex & I have a child. First 1.5yr of her life he was MIA, always drunk/selling drugs. 2016 I got married. Custody court ended up being 1 mo after ex got locked up. We moved to Texas & ex wasn't sticking to court even though we sent money for phones/letters he would go almost a year at a time w/out contact. We got a lawyer and filed for Termination so my husband can adopt her. 2 year of fighting with AZ prisons/courts and now he's deported to Mexico. We are moving back to Az. What options do we have to get my husband any type of legal rights/adoptions.

Answer: Generally, if a deported parent maintains contact with the children by telephone, sending cards and letters, etc., the courts are unwilling to terminate parental rights.  However, every case is decided on its unique circumstances.  In your situation, where there has been little or no contact between the father and the children, the courts may be more willing to terminate the father's rights.  How may times has he contacted the children or sent cards and letters in the past year?  Once you are settled in Arizona, it may be worth your while to talk to a lawyer and go over the specific facts of your case.  That will give you a better idea of the strengths and weaknesses of your case.  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

  • Ex & I have a child. First 1.5yr of her life he was MIA, always drunk/selling drugs. 2016 I got married. Custody court ended up being 1 mo after ex got locked up. We moved to Texas & ex wasn't sticking to court even though we sent money for phones/letters he would go almost a year at a time w/out contact. We got a lawyer and filed for Termination so my husband can adopt her. 2 year of fighting with AZ prisons/courts and now he's deported to Mexico. We are moving back to Az. What options do we have to get my husband any type of legal rights/adoptions.

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  • State Bar of Arizona
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