Phoenix, AZ asked in Family Law for Arizona

Q: Can a father be denied visitation if I have audio of him saying he does not want to be around his kids?

Father has never been involved at all. He wants to give up his rights to avoid child support. Also stated he does not want to be around his kids in a recording, has made multiple threats and has intimidated me for years. States I would be damaging my kids by forcing him to be around them.

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2 Lawyer Answers
Stephen M Vincent
Stephen M Vincent
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: Your description raises a lot of concerns, but it's difficult to say what will happen in a case based on just a paragraph. A recording certainly helps your case, but he could still conceivably get time. Giving up his rights does not get him out of paying child support.

Your best option would be to consult with an attorney about your case.

Mike Branum agrees with this answer

Mike Branum
Mike Branum
Answered
  • Saint George, UT
  • Licensed in Arizona

A: Mr. Vincent is correct. You should sit down with a family law attorney and provide all the information required to give you competent legal advice. That being said, it is usually difficult to deny all visitation absent clear evidence that visitation will place the child in jeopardy of immediate harm. If he does not want to be around his children and you do not want him involved in their lives, the best way to effect that is termination of his parental rights. That does, however, come with the elimination of child support. If you cannot live without the child support, then you will likely have to live with some agreement for visitation whether he exercises it or not.

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