Legal Question in Family Law in Arizona
I have a question that has to do with custody and a no contact order. When i was divorced in 2003 my ex was not given any parental rights. He was ordered to pay child support but it has never been received. There was a permanent no contact order placed preventing him from contacting me or the minor child directly or through a third party. He has violated that several times but there has never been any repercussions for his actions. Now that he has been released from prison he has stated he will get an attorney and fight for visitation. Both of us are no longer in the same state that the divorce was granted. The divorce was granted in Kansas, I am now in Arizona, and he is now in Illinois. Can he file in Illinois for visitation, and if he does what if i don't get served in time? If i don't show up due to not being served will he get whatever he asks for? Thank you for your time and any information is appreciated.
2 Answers from Attorneys
No, he cannot file to modify custody rights in Illinois. Modifications typically stay with the originating state.
He should not be able to file in Illinois i the children live here. I disagree with previous advice that a modification can be filed in Kansas. Since children are here, and neither party is in Kansas, I beleive it MUST be an Arizona matter.
YOU COULD AND SHOULD FILE TO LEGALLY TERMINATE HIS PARENTAL RIGHTS. Such CAN be filed in Arizona, since the children are here.
We can certainly help you consider and then pursue your options for doing so. This is obviously a very important matter, and you should not go in alone.
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 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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