Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?
Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's explained to me I'll understand but I don't understand what I need to file. I filed to establish paternity, parenting time and child support and nothing was done it was closed. Never had a court hearing. I just need help getting everything done so my oldest and I can spend time with my little one.
A:
I am sorry to say that you will not be able to raise parenting time issues at the IV-D child support hearing.
1. File a Petition to Establish Legal Decision Making and Parenting Time.
2. Hire a process server to get Mother served, or mail via certified mail, or ask her to accept service.
- File proof of service once she is properly served.
3. File an Application for Default if she does not file a Response 21 days after being served.
With your initial Petition, we can also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge. OR, perhaps a strongly worded letter from an experienced attorney would convince her to act more reasonably. Per A.R.S. §13-1302, a person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the person . . . . “Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child.”
If matters are NOT proceeding by agreement, then you need to move your case forward to a contested hearing or Trial, while first making sure that you have properly disclosed all documentation, witnesses and other evidence necessary to achieve the best result you are able to.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be.
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A: You likely will not be able to ask for parenting time or legal decision-making (formally called "custody") at a IV-D hearing. Also, you may need to domesticate the Wisconsin judgment. Finally, there is a fee to be paid for filing any action and service must be effectuated. You should contact an experienced family law attorney and, if you are unhappy with the result you obtain in court, contact an experienced family law appellate attorney (for an appeal to a higher court) to discuss whether you have a viable family law appeal.
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