questions & answers

Question: My Ex Husband is the Biological father of my Oldest Son. My son is 7 years old we have not seen or spoken to my ex husband for over 6 years due to the fact he has not tried to get in contact with us and he doesn't pay child support regularly. My son doesn't even know who his real father is nor do we know where he is. Am I able to have his parental rights removed?

Answer: There is no cut and dry answer to your question.  How far behind is he on child support?  You can file a petition in the court to ask that his parental rights be terminated .  There are several legal grounds for termination.  Two of them are neglect and abandonment.  If you file a petition, you will need to serve it on your ex.  He has the right to object and subject you to a court battle.  The court will consider the best interests of your son and will consider, child support, contact, visits, gifts and cards.  You may want to discuss your specific situation with a lawyer so you can discuss the pros and cons of filing.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means offers a one hour consult with an attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625.