Legal Question in Family Law in Arizona

My opinion is that you need to hire a qualified family law attorney to assist you in deciding what you want and to research the best options to protect your interests.

Per your email, and hypothetically as I only have what you wrote and I have no other evidence, to start, the attorney you retain will need to file a Petition for Paternity so that you can legitimize the qualifying child that you had with this person through the court process, which will include a Petition to obtain legal rights and time with that same child, even if you plan to leave the state; and, if you desire rights to the other children that she previously had and which you raised for 8 years, you will also need to file a Petition in that same court, to request legal rights and time with those children that she had with a person other than you.

In Arizona there is no recognition of a common law marriage, therefore the child you had together is not legitimized to you as its father, until a paternity order is entered stating so.

Next, if you do not get an order entered for legal rights, time and rendering paternity with the common child that you had with her, you will have no legal or enforceable rights or time with that child, nor will you be legally named the father of that child, even if you are on the child's birth certificate. In addition to this, you will have no legal rights or time with any other qualifying child that she previously had, unless you file a petition to request rights to those children, again, if that is what you want.

Next, yes, you can leave the state or move away, but if you do so without obtaining an order first, at least regarding your common child, you will more-than-likely waive and loose legal rights and visitation time with that child, and again, with any of the other children, if you so choose.

Next, this same attorney will need to assist you in setting up child support in the above matter, with at least the common child that you shared together and not just "keep it out of court" (the AAG can also do this). This does involve a court process, but if you leave and do not set up child support regarding that common child, the attorney general can come after you later on, for child support arrearages (calculated back past wages, to when you left, and based on the law), current support (calculated at current wages and based on the law), and for any benefit that she applies for and receives benefits from the state or any other govt. entity. You will need a child support order and a withholding order entered in order to protect your rights.

- Keep in mind, and again, hypothetically, as i have no other information other than what you wrote, the only child support that you will owe, will be for the child that you and she had together, and not for the other children that she had with another man, unless you bring an action in court to obtain legal rights and parenting time with those children, or unless she files an action for same, as they are not your biological children and so long as you did not adopt them or have a previous order for rights entered, etc.

You need legal counsel.

Goldstein & Scopellite, PC has qualified family law lawyers and child custody attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.

No, that would not be abandonment. BUT, it is very important that you leave KNOWING IN ADVANCE the plan that the two of you will have regarding the children, both as to parenting time and as to access.

It would be wise for you to meet with an experienced attorney so that you know what your rights and responsibilities would be if a Court were to get involved, so that you can insure that whatever agreements are reached are fair and in the children's best interests.

ALSO, YOU MAY have rights towards the other children if you have been acting as the Father figure for so long.

Please come in soon. We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Katie or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251

Fax (602)254-1229

www.familylawaz.com