Legal Question in Family Law in Arizona
Moved out of state with child, have support order in MA
My sis in law moved to AZ. she never married father 1 year later father of 5yr. old wants support order in MA. stopped(not paid since JAN.05); Now wants support to stop & paternity test,He knew she was moving in advance but now has a problem with it; can she get reimbursed for travel costs?She lives with her mother and is not on any financial assistance & not working; she is getting support from father of another child.Tha DOR has been giving the father extensions on paying and are threatening to pull his liscence(he drives a tow truck under the table)
3 Answers from Attorneys
Re: Moved out of state with child, have support order in MA
In divorce, the woman gets the child and the man gets an invoice.
Don't you think it is unfair that your sister-in-law made the man into a wallet by moving to Arizona? Don't you think the man has a right to know whether he is the father of the child? After all, it sounds like your sister has already had a child out-of-wedlock.
What makes you think the child is the son of that particular man? And, worse, if that man is the child's father, what makes your S-I-L think that she was doing right by denying the child a relationship with his father?
It certainly appears that she knows neither commitment nor loyalty or love to either her children or to the men she beds. Get kids, make them fatherless, and have men pay her way so that she does not have to work.
She sounds like a cruel parasite to me. Does she deserve anyone's sympathy or help?
Re: Moved out of state with child, have support order in MA
Your question makes no sense. How is she your sister-in-law if she never married the father? Why are you asking the question instead of your brother, who I assume is the putative father? The father may have waited too long to ask for a paternity test, but no one has to come to MA for a paternity test, if the court allows it. If the mother did not have either the father's permission or the court's, she was not entitled to move out of state with the child.
Whose interest are you looking to protect and why?
Have that person pose the question.
Re: Moved out of state with child, have support order in MA
When child support was established, was visitation also addressed? From what you say, obviously paternity was not an issue. If he was unsure, this should have been addressed at the child support hearing.
In any event, if the court recognized him as the father and placed child support and vistation in the order, she would need permission to move out-of-state from either the father or the court.
If however, paternity was not addressed or visitation, paternity will have to be established before he has any rights to dispute her move.
I suggest you have the individual posing this question contact an attorney to discuss same, because your question is really not clear to give the proper advice in this forum.
Sincerely, Maria Murber