Legal Question in Family Law in Arizona

Re: Changing visitation after Fathers neglect

You have a variety of issues here including enforcement of former child support order(assuming there was an order in place as you did not mention it) or establishment of support, a modification of custody and so on. MOdifications of custody require a showing of a "substantial and continuing change" in circumstances. Some of what you set forth may be able to be alleged to support your position.

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Re: Changing visitation after Fathers neglect

Generally, any previous parenting time/visitation orders for father to see and spend time with children would still be in effect until it is changed in court. However, most fathers would understand that if there has been a break in contact, a plan to work up to full visitation would normally benefit the children. If you believe a change in the previous custody & visitation order should be made and you will need to be specific about why you think changes should be made, you can request MEDIATION with the court that did the divorce. Sample forms are available at the self-help center for Maricopa County which can be located through http://supreme.state.az.us/selfserv/. If you live in another county than Maricopa, just change the name of the county. Follow the directions; there may be a fee to file the request and another fee for the Mediation. If these fees are too much for your budget, you might qualify for a Waiver or Deferral of Fees, forms are on the Self Help site. The Mediation will be conducted by a third party neutral person who has been specially trained. I would think that father could request to participate via telephone. If you are able to reach an agreement, the agreement should be put in writing, signed by both parties & filed with the court. If you are not able to reach an agreement, you may have to file a Petition to Modify Custody and Parenting Time. You could talk with the attorney who did the original divorce, hire another attorney, or file on your own with the courts.

Child support is a separate matter. The Arizona Courts consider the obligation to pay child support independent from visitation. If support was ordered and not paid, I suggest you immediately open a case with your county�s Child Support Enforcement office. Their services are free and they work with the state where the father lives to collect support & unpaid arrears. To find an application and the contact information for your local office, check out http://www.de.state.az.us/dcse/default.asp.