Legal Question in Family Law in Arizona

I live in Arizona the father of my child has not been an active part of a lot of her life and now he wants to can I keep her from him? He has a long history of drugs and crime I want him to stay away from us can I legally do that?


Asked on 4/04/13, 3:12 pm

1 Answer from Attorneys

Joan Bundy Joan Bundy Law

This is kind of a complicated question/answer. There is something call parental rights termination that you can initiate in Arizona if a parent is not really a part of a child's life. All they have to do (or fail to do, really) is initiate any contact and/or provide any financial support for 90 days (three months. But if he now is actively seeking contact this is not the time to pursue such a legal proceeding. You have to give him the benefit of the doubt that his intentions are pure unless proven otherwise. But you could file something with the court asking for the establishment of paternity and child custody (if that hasn't already been done) and if it has been done then ask the court to modify the custody order so that he must undergo random drug testing for a certain period of time to ensure he is clean, no drugs during visitation, make sure he's not in trouble with the law currently, make sure no child-abuse related convictions, etc. Best of luck to you!

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Answered on 4/05/13, 7:24 pm


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