Legal Question in Family Law in Arizona

How to Declare Dead the Missing Non-Custodial Parent

I've been divorced almost seven years, and the non-custodial parent has been missing a few months longer than the divorce was finalized.

There was a meeting ordered for him to pay support and he left state without attending. A warrant was issued for his arrest.

No contact for all this time; no child support for all this time.

I don't receive assistance from the State in welfare and the assistance from DES in locating and bringing the non-custodial parent before a judge has not been successful.

The State once believed he was in the state of Utah. They couldn't tell me how they knew he was in Utah.

If the State can't prove that they know where he is (they told me they don't at this time but they couldn't tell me anyway because of his privacy rights), how do I know that they have ever known that he was in Utah, or is alive? There has never been an employment record, to my knowledge.

I want to raise the question.

Prove it to me that the non-custodial parent is alive, and bring the matter to justice; or declare him dead so that my children may receive support on behalf of him.


Asked on 1/30/02, 1:50 am

1 Answer from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: How to Declare Dead the Missing Non-Custodial Parent

Unfortunately, this is outside my "family law" scope, and I am unable to answer. However, an attorney in a firm I used to work at may be able to help you. His firm does not subscribe to LawGuru, so you would have to call him drectly if you want to.

Richard Bellah, at BELLAH, HARRIAN and PEARSON, in

Glendale, Arizona, at 602.246.8101.

Please let him know I gave you his name/number. Good luck.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 1/30/02, 1:10 pm


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