Legal Question in Family Law in Arizona

My husband has a child (2 or 3 years old now) and he is on the birth certificate. They have never been married and no blood work has ever been done. I have heard rumors that the mother lost custody of the child to her own mother when child protective services were called on her. My husband was never notified to any of this at the time.

Our question is that we are now hearing from the mother that the grandmother is looking for file for child support against my husband. As a grandmother, does she have the ability to do this? Are our chances of fighting for custody stronger if we have to fight the grandmother even though we have limited involvement in the child's life thus far?

My husband, in attempts to keep drama, stress and financial hardship at a minimum is concidering signing over his parental rights so the child will be able to be raised in a single family environment instead of two drasticly different households. If he does sign over his parental rights, will the grandmother still be able to pursue us for child support?

We are looking at all of our options - the decision we need to make is going to be a hard one no matter which one we chose to take. Please offer some advice. I wish we had more time to decide.


Asked on 8/30/10, 12:03 pm

1 Answer from Attorneys

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

Your lack of relationship with the child of course would be a hindering factor, but would not be insurmountable IF you are better able to provide a suitable environment for this child than Grandmother is.

If he relinquishes his rights, such DOES NOT affect his obligation to pay support.

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

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

/s/ Rich J. Peters

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

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 9/06/10, 11:31 am


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