Rancho Cucamonga, CA asked in Child Custody, Child Support and Family Law for Arizona

Q: My grandson is 4 mo old. My son and his girlfriend went separate ways a month ago.

She wants child support which he is more than happy to pay. However, given the mean spirited nature of this girl, he wants things done through the court system, rather than her dictating an amount. Now she won't let him see his son until she "takes him to court". Can she keep Him from seeing his son? There has been no custody ruling in the courts, he tried filing, but was told he had to bring her or prove paternity, even though he is on the birth certificate. He currently provides formula, diapers and cloths. He even give the mother's grandmother a little money to help with utility bills since the mother doesn't work and he knows she does not contribute to the household. What can he do?

1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: Unfortunately, without a previous child custody order, there is little to enforce. Fortunately, since there is not a previous child support order, he is also not required to pay anything. I would recommend he place whatever he is required to pay per the child support calculator in a savings account somewhere and leave it just in case he is later ordered to pay back child support. Obviously neither of you wants the child to go without formula, diapers, or other necessities; but, if the "baby momma" is going to be mean-spirited and deny parenting time, you may have to use or attempt to use withholding financial assistance as leverage to ensure continued contact with the child.

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