What Can I Do If I’m Paying Child Support But Denied Access to My Child in Arizona?

Question from Artic Wolf, What Can I Do If I’m Paying Child Support But Denied Access to My Child in Arizona?

Answer from AI:

Understanding Your Rights

In Arizona, as in most states, both parents have a legal obligation to support their children financially. However, child support and visitation rights are two separate issues in the eyes of the law. This means that even if you’re paying child support, it doesn’t automatically grant you visitation rights. Conversely, if you’re denied visitation, it doesn’t absolve you of your responsibility to pay child support.

Establishing Paternity

If you’re not married to the child’s mother, the first step is to establish legal paternity. This can be done voluntarily with both parents’ agreement or through a court order. Once paternity is established, you have the right to request visitation or custody.

Requesting Visitation Rights

If you’re already the legal parent and are being denied access to your child, you can petition the court for visitation rights. Here are the general steps you might take:

1. File a petition for visitation in the county where your child lives.
2. Attend a court hearing where you’ll need to present your case.
3. If the judge grants your petition, the court will issue an order for visitation.

Legal Assistance

You mentioned that you don’t have money for a lawyer. There are resources available to help you navigate this process:

• Legal aid societies: These are nonprofit organizations that provide free legal services to people who cannot afford a lawyer. You can find a list of legal aid societies in Arizona here.
• Law school clinics: Some law schools run clinics where law students, supervised by experienced attorneys, provide free or low-cost legal services.
• Self-help resources: The Arizona Judicial Branch provides self-service forms and resources for individuals representing themselves in court.

Enforcing Visitation Rights

If a court has already granted you visitation rights and the custodial parent is still denying you access, this is a violation of the court order. You can file a petition to enforce the visitation order. If the court finds that the custodial parent is intentionally denying visitation, they may face penalties.

Remember, this information is a general guide and may not apply to your specific situation. Laws can vary greatly, and legal proceedings can be complex. It’s always recommended to consult with a legal professional for personalized advice.