Legal Question in Family Law in Arizona

I have had full custody of my 6 year old son for 5 years. His biological father has chosen not to have any contact with him since he was 15 months old. The father is currently in arrears over 80K and has filed for a modification of child support. We are scheduled to have a hearing in November. I found out that he was awarded property and DES put a lien on the property for his arrearages. He signed a quit claim deed on the land a month later. Can I bring this up at the hearing or does it not matter? Also, I have been married for 2 years and my husband has been acting as my son's father for nearly 3 years. We would like to have the biological father's rights severed so that my husband can adopt my son. Is this something that can be addressed at the hearing, or is this a completely separate matter? We would be willing to forgive all of the arrearages in exchange for severance of rights.

Thank you for your time.


Asked on 8/21/12, 9:22 am

1 Answer from Attorneys
Carlie Owsley Walker The Owsley Law Firm, PLLC

This is a common fact pattern unfortunately but the answer is relatively complicated and long. The child support hearing coming up will only deal with support, the lien potentially and the payment on arrears. The request and negotiation regarding severance/arrears is a separate matter, which would be handled in juvenile court. He can sign off on his rights or you can petition to have them severed. Please call for a free 30 minute consultation if you have more detailed questions. 623-748-8973. Best of luck!

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Answered on 8/26/12, 11:01 pm


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