Legal Question in Family Law in Arizona
I have been trying to get my ex boyfriend to terminate his parental rights since he hasnt seen or cared to see my two boys in almost 6 years. He is fighting me now because he says now he is paying child support he has a right to see them. We are in accountability court and he doesnt want to go to jail, that is why he is now paying on all the arrerages totally $26k. What else can I do? My husband wants to adopt the boys we have been raising together for the past 5 years and we cant do anything because my ex doesnt want to cooperate. When we went to court to modify custody I told judge that sole and physical custody is in the best interest of the children and my ex said no I want joint custody. The judge actually agreed to it only if he went thru theraputic reunification. Thats just ridiculous, he wants to terminate his rights but he doesnt want to pay any arrerages, then he says he wants to see the kids. I am frustrated and scared, help please.
1 Answer from Attorneys
You could seek to terminate his rights even over his objection, under the theory of abandonment. Such depends upon how recently he began paying his support. You may be able to get the termination whether he agrees or not.
Also, you could negotiate with him to try to get him to agree to termination, by forgiving some or all of the arreareges.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. 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 Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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