P
pyramidjt
Guest
What is the name of your state? Arizona
My ex stopped paying child support almost 4 years ago and stopped visiting our daughter over 3 years ago. No phone calls, no cards, no visits of any kind - his choice. He just disappeared. I'm pretty sure it was because he didn't want to pay child support and couldn't handle it when I asked him to pay his support, so he disappeared altogether, hurting our daughter as a result.
I have sole physical custody, but we "share" joint legal custody.
I know I have grounds for termination of parental rights. I even have someone who will adopt her (husband of 2 1/2 years) faster than you could say hullabaloo.
The problem is that I can only prove the non-payment of child support. I have nothing concrete on his self-chosen abandonment of our child. I'm afraid that, if my husband and I file to have him adopt her that, when I have to have him served, one of the following will occur:
a) won't be able to find him - he's a master of deception and hiding - and Arizona is pretty clear on this sort of thing: I HAVE to have him served personally, not by publication or simply sending a letter to his last known address. ( I think there may be ways around this after exhausting all means of location, but I'm not sure how)
b) I'll be able to find and serve him and he'll run to his mommy (like last time) and get her to pay for a lawyer to fight it...even though he's shown no interest in her in over 3 years, he has possession problems. He doesn't want to give up what's "his." His mother will do it, too, I'm pretty sure...or forget him and file for grandparents rights (even though she's shown no desire to see or talk to her granddaughter - just sends holiday and birthday cards with gift cards in them).
c) (least likely) I'll serve him and he'll not show up and it'll be a slam-dunk adoption.
The Big Question: If he fights it: Do I have to prove by concrete evidence that he hasn't shown up or called or anything. Or can I just show the judge that he hasn't paid child support and just tell the judge that he hasn't been around by choice?
Thank you everyone in advance for any help you can provide!
p.s. He's a drug addict, but I wasn't able to prove it at the divorce proceedings, so the judge ignored my request for sole custody. Recently, I found out from a public court info website (run by the state) that he was arrested and convicted of possession of drug paraphernalia just this year...he entered into a plea agreement and has probation. 2 weeks after entering the plea agreement, the record shows he was reported as being in non-compliance and ordered to show cause. No outcome on that last, yet, though. Does this have any bearing on my case??
My ex stopped paying child support almost 4 years ago and stopped visiting our daughter over 3 years ago. No phone calls, no cards, no visits of any kind - his choice. He just disappeared. I'm pretty sure it was because he didn't want to pay child support and couldn't handle it when I asked him to pay his support, so he disappeared altogether, hurting our daughter as a result.
I have sole physical custody, but we "share" joint legal custody.
I know I have grounds for termination of parental rights. I even have someone who will adopt her (husband of 2 1/2 years) faster than you could say hullabaloo.
The problem is that I can only prove the non-payment of child support. I have nothing concrete on his self-chosen abandonment of our child. I'm afraid that, if my husband and I file to have him adopt her that, when I have to have him served, one of the following will occur:
a) won't be able to find him - he's a master of deception and hiding - and Arizona is pretty clear on this sort of thing: I HAVE to have him served personally, not by publication or simply sending a letter to his last known address. ( I think there may be ways around this after exhausting all means of location, but I'm not sure how)
b) I'll be able to find and serve him and he'll run to his mommy (like last time) and get her to pay for a lawyer to fight it...even though he's shown no interest in her in over 3 years, he has possession problems. He doesn't want to give up what's "his." His mother will do it, too, I'm pretty sure...or forget him and file for grandparents rights (even though she's shown no desire to see or talk to her granddaughter - just sends holiday and birthday cards with gift cards in them).
c) (least likely) I'll serve him and he'll not show up and it'll be a slam-dunk adoption.
The Big Question: If he fights it: Do I have to prove by concrete evidence that he hasn't shown up or called or anything. Or can I just show the judge that he hasn't paid child support and just tell the judge that he hasn't been around by choice?
Thank you everyone in advance for any help you can provide!
p.s. He's a drug addict, but I wasn't able to prove it at the divorce proceedings, so the judge ignored my request for sole custody. Recently, I found out from a public court info website (run by the state) that he was arrested and convicted of possession of drug paraphernalia just this year...he entered into a plea agreement and has probation. 2 weeks after entering the plea agreement, the record shows he was reported as being in non-compliance and ordered to show cause. No outcome on that last, yet, though. Does this have any bearing on my case??