Legal Question in Family Law in Arizona

I have read ARS 8-201(1) in regards to abandonment and believe it can be considered in my case. I now have sole decision making and parenting time is according to my discretion. The father maybe calls once every 2 weeks (even though the court order says he can every other day and once on the weekend) He has not exercised his parenting time in a year and tells our son it is because I wont let him (i have stipulated supervised parenting but have not withheld any parenting time plus my discretion has only been legally considered in the last 2 months.). He is also in arrears with child support. I would say this can be considered "failure to maintain a normal parental relationship with the child" but is it? the section of the statute is very vague. if so, do I file abandonment or termination of parental rights?


Asked on 4/18/13, 11:21 am

1 Answer from Attorneys
Carlie Owsley Walker The Owsley Law Firm, PLLC

You can attempt to sever fathers rights but to be honest, it is a difficult task to accomplish. As you are aware there are several grounds for termination, one of which is abanonement. However there must be no contact for 6 months or more. You stated he calls very two weeks or so. Although you can cite other grounds, such as best interest if the child. You will either file on your own or hire your own attorney, he will be appointed counsel as will the child. If you'd like to discuss this matter further, we offer free 30 minute consultations.

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Answered on 4/19/13, 6:44 am


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