QUESTION
Would it be possible for me to file for full custody and ask for back child support?
Asked on Jan 14th, 2013 on Child Custody - Arizona
More details to this question:
Arizona court gave my son’s father and I joint custody. My son is seven now and the father had not paid child support. He is over $35,000 behind. If I get full custody, would I be able to change my son’s middle and last name without having to have an OK from the father? He does not call nor even want to see his son.
2 ANSWERS
You have indicated a couple of issues. First, if the father owes child support, you can enforce this order so he is compelled to pay. Second, whether you have joint "custody" (which is now called "legal decision making") or sole custody, you cannot change your child's name without the father's consent (or at least providing him with notice of the hearing). I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Jan 20th, 2013 at 5:08 AM
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Making a name change is not usually done simply because there is a change in legal decision-making. You would still have to provide the father notice of the petition to change the child's name. He could object. If you are wanting to address custody and past child support, you can file a petition to modify decision-making authority on the basis that he has not been involved for such a substantial period of time. The court will determine what is in your son's best interest. As for past child support, you would have to file a petition for contempt for non-payment of child support. You can request sanctions like jail time and additional fees.
Answered on Jan 20th, 2013 at 5:04 AM