Legal Question in Family Law in Arizona

Well, unless you have filed for child support you cannot file for abandonment I don't believe. He's still the biological father. He has not voluntarily given up his parental rights. You would have to make a claim for abandonment after filing for child support. Are you just trying to get child support or are you wanting him declared to have relinquished his parental rights? Those are two different things.

Because he's on the birth certificate, the state recognizes him as the legal father even if there are not orders entered for custody or support. There are also separate statutory guidelines to determine whether or not he has "abandoned" the child, related in part to how long it has been since his last contact with the child. Generally, terminations of parental rights are coupled with a step-parent adoption; however, there are circumstances where a parent's rights can be terminated even if there is not a step-parent waiting to adopt. Our office offers a free consultation, so please contact us to arrange a time to speak with an attorney regarding your options.

You do have the statutory criteria for "abandonment" if you seek to "terminate his parental rights". However, there are of course other issues invovled as to whether you can seek a permanent termination..

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602x254x7251

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see our website at www.familylawaz.com