questions & answers

Question: I have a daughter with someone who has chosen drugs over her, there's been times where he did come to my house to visit her but during the visitation I realized he was still using even though he claimed he had been sober for the 2 months that my daughter had been born. Ever since then, he never really tried to get in touch with me to see her and she's now going to be a year old and I want to sever his rights. How would I go about doing this?

Answer: The first question here is whether you have a court order granting you sole custody of the baby.  Custody is now called "legal decision-making" by the courts.  If you do not have a court order, then, under the law, both parents have equal rights to the child.  You can file for sole legal decision-making in the superior court of the county where you live.  You can handle this alone by going on the court's website and finding the forms you need.  You will then need to officially serve the documents as instructed on the website.  You can find the forms and instructions you need at:https://www.azcourts.gov/selfservicecenter/Family-Law-Forms .  You may also want to talk with an attorney to discuss your rights and your chances of severing the father's rights.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is  $75 per  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 30 minute consult with an experienced attorney for $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.