she tried having my daughter adopted but it was overturned in my favor and we were ordered to seek counseling but the counseling stopped and I still have no visitation. My daughter will be 15 this year and we have been in and out of court for the last seven years. I'm not sure what else my options are at this point, but I feel I have been failed by the system. I have spent over $30,000 in legal fees trying to just get visitation and she has no grounds for me not to see my daughter. I have never been proven unfit or anything else of that nature it just seems that she says no and that is the way it goes.
Reading between the lines a little bit, it appears that the child was born outside of wedlock, a child support has been entered, but legitimacy has not been established. Is this correct? The father of a child born outside of wedlock has no parental rights unless and until they are established by court order in a legitimacy case. Generally speaking, legitimacy is presumed to be in the best interest of the child, so we typically presume it will be granted. The details of visitation rights and any shared legal custody rights vary from case to case. Have you previously filed to establish legitimacy and that was denied? You may still be able to establish legitimacy, but with the child now being 15, it may be more difficult than if the child was younger. If you have already established legitimacy and have set out visitation rights and the mother is interfering with those rights, then you need to file a petition for contempt.
Typically the issues of child support and parenting time are separate in family Court.
he response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Arizona. Responses are based solely on Arizona law unless stated otherwise.
Child support and visitation are separate. Unfortunately, just because a non-custodial parent pays child support, does not mean you get to see your child. You could be paying support for years with no visitation. Since you stated you have spent a large amount of money on legal fees trying to get visitation, it appears that your ex-wife has been in contempt many times and unfortunately, not much has been done about it. What you may need, if you didn't have it already, is an aggressive lawyer who will really push for sanctions against her for her refusal to abide by the order providing for your visitation. But I understand that with some people, it is frustrating because no matter how many times you take them to court and how willful their contempt is, they just don't seem to be sanctioned for their behavior.
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