Legal Question in Family Law in Arizona
My daughter will be 4 years old in August 2010, and has only seen her "father" for 2 hours when she was alomst a year old. Her "father" has no visitation rights at this time. If he petitions the court for visitation time, would he be allowed to take her out of state? My daughter has lived with me in the state of Arizona since she was 2 months old. Additionally, the state of Missouri just ordered child support last week. Does paying child support give the "father" rights to take her out of state(if the state orders visitation)?
2 Answers from Attorneys
The biological father does have visitation rights. However, a court could declare that they have abandoned the child and forfeited those rights by not properly caring for a child, trying to be involved in their life, etc., for a certain prolonged period of time. And just because he has now been ordered to pay child support does not affect his visitation rights. He has visitation rights either way unless, as stated above, a court has relinquished his parental rights or he has voluntarily done so. If the father lives out of state, then yes, the child could be transported to that state and back for visitation. Let me know if there is anything else I might be able to help you with. Best of luck!
You can resist any efforts he may pursue for visitation based upon the child's best interests. he will have to convince a Judge that, despite his lack of involvement, it is in the child's best interests to visit out-of-state. I would not like his chances until he shows a pattern of responsible involvement. Paying child support has nothing to do with it.
We can certainly help you consider and then pursue your options.
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/s/ Rich J. Peters
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