questions & answers

Question: I have recently filed for child support for my two kids, my oldest is two years old and my youngest is 2 months. I filed a restraining order almost a year ago. Now that I have filed for child support, will the other parent get any rights to be around my kids, even though I have a restraining order still in place since last year?

Answer: Child support does not grant extra rights to either parent. A parent may have to pay child support but not have visitation rights. The specific circumstances of the case will determine the outcome. If there are any orders granted by a court such as visitation or joint custody orders then these will become the primary tools in understanding what legal actions can be taken by either parent. If there is a visitation order or custody order in place that allows for the other parent to see or visit the children or grants them rights as a parent then that will be prioritized over a restraining order. If there are still parental rights in place or, in the case of unmarried couples, paternity has been established then the parent will still have a way to see their children. If the parent is not in fact a biological parent and has not been legally established as a legal parent then they do not have actual parental rights and the restraining order will hold. Also, if it has been evidenced that some form of abuse, such as physical or sexual abuse, has been committed, then a judge will also take this into consideration and this will change the outcome of the case. All facts of the case are relevant and those specific facts will determine the outcome. Those listed above are only examples. The article Child Support in Arizona (http://www.azlawhelp.org/articles_info.cfm?mc=1&sc=2&articleid=53), found on the AZLawHelp website, has more information that can be helpful in understanding the effects child support has.