Legal Question in Family Law in Arizona
My son has sole custody of his 5 year old daughter. The mother has had no contact with her in 2.5 years. We know she had fled the state due to drugs and criminal activity. She was caught and just released from prison, now on probation. Out of the blue she has filed for custody/parenting time. We can't afford an atty. What can we do to stop any custody or visitation? Apparently the Court feels the mother should still have involvement with the child even though she abandoned her years ago. Is there anything we can do or stress with the court that this is not in the best interest of the child. She doesn't even know this person as her mother. Her stepmother has raised her since she was 2 yoa.
1 Answer from Attorneys
You could ask the court to find that she has abandoned the child. Arizona Revised Statutes defines abandonment as "the failure of a parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandonment includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment."
So, yes, the court could and probably should ordered abandonment and thus termination of her parental rights. However, it is possible they would allow her some visitation, but it is unlikely they would give her even shared custody.
Best of luck! Let me know if there's anything else I can do for you.
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