Legal Question in Family Law in Arizona

Can I get custody?

I have an order for child support case for my two children whom payments are going to their mom. The kids' mom hasn't rasied my kids since 2001, and there is court documents for that court date when she gave up her rights to her kids and agreed to let her parents have guardianship of them. I also agreed but did not give up my rights. I've never filed any paper work to have the order of child support changed to who is currently taking care of them. My question is this, due to circumstances with my kids, particularily my son flunking out of 6th grade, I want my kids to come live w/ me. Even though I--name removed--in arrears w/ child support, can i file for custody, and is it likely that I can get them owing the state for arrears child support?


Asked on 3/19/08, 6:05 pm

1 Answer from Attorneys
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Can I get custody?

First, the child support issues shouldn't be a bar to your ever requesting custody of the children. Second, the court who granted guardianship should have discussed the child support payments. You have several issues that cannot be covered in a simple response. I would suggest talking with a lawyer about custody and should consider using the collaborative approach if you believe the other parties would be open to resolving the disputes outside of litigation.

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Answered on 3/21/08, 10:25 pm


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