Legal Question in Family Law in Arizona
Mom took the kid out of state without Dad's consent or knowledge...
My husband had a child when he was 17 (he is 28 now). He was an absent father due to a drug abuse problem, but has been sober for almost two years now. He has been paying support and just recently began getting to know his daughter over the phone. He wants her to come visit for the summer, and she also wants to come. However Mom says absolutely not. He was never notified that she was taking thier daughter out of state more than 7 years ago and never had the opportunity to stop it. Is there anything he can do now to spend time with his daughter? Does he have any rights after being out of the picture for so long?
1 Answer from Attorneys
Re: Mom took the kid out of state without Dad's consent or knowledge...
Thank you for your inquiry. If Mom and Dad were not married, the paternity laws control. If paternity has been established, he is entitled to request parenting time, and he will be obligated to pay child support. If paternity has not been established, this is the first step (child support and visitation can be handled simultaneously). In a paternity situation, Mom was not required to get Dad's consent before she left the state; however, this does not mean that he cannot ask the court to grant him parenting time if he has truly rehabilitated. If Dad wants to pursue this matter further, the should not delay the process; the courts are SLOW, and I cannot guarantee a ruling prior to summer. Please feel free to contact my office to schedule an initial consultation.
Monica H. Donaldson
(480) 792-9770
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