Child Custody

questions & answers

Question: I am currently incarcerated and have joint custody of my adolecent boys. My ex has refused to allow me to see my boys even before my conviction. I have testimony that the boys have said they will not have anything to do with me bacause their mom will get mad. have I lost my parental rights by my incarceration and can I do anything to get visitation time with my children. I am so sad over this.

Answer:

Under Arizona law, if an action has been brought to terminate your parental rights, it is required that notice be provided to you.    (A.R.S. § 8-535 ).  Notice is generally accomplished by "personal service" or service by a process server.  Your parental rights generally do not terminate "automatically" because you are incarcerated. 

If there is a parenting time order that is still in effect, you can (presumably once you are released from incarceration) try to enforce the terms of that parenting time order.  If there is no parenting time order, you can seek to have one established.

Links that may prove helpful to you are as follows:

Maricopa County:

Petition to Enforce Parenting Time (Instructions and forms)

Petition to Establish Parenting Time (Instructions and forms) 

Pima County:

Request for Post Decree Mediation  (Instructions and forms)

Parenting Time Establishment  (Instructions and forms)

Coconino County:

Petition to Enforce Parenting Time (Instructions and forms)

Petition to Establish Parenting Time  (Instructions and forms)

Yavapai County:

Petition to Enforce Parenting Time  (Instructions and forms)

Petition to Establish Parenting Time:  (Instructions and forms)

For a individualized assessment of your situation, it is recommended that you consult with an attorney.

Comments:

QUESTIONS

  • I am currently incarcerated and have joint custody of my adolecent boys. My ex has refused to allow me to see my boys even before my conviction. I have testimony that the boys have said they will not have anything to do with me bacause their mom will get mad. have I lost my parental rights by my incarceration and can I do anything to get visitation time with my children. I am so sad over this.

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