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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111465
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am the father of two boys 10 and 11. I live in. Nogales

Customer Question

Hi. I am the father of two boys 10 and 11. I live in. Nogales az. The mother of my boys and I were never married. Over the years there has been nothing legal involved in matters of the children. She is a mexican citizen and the kids were back and forth here in the u.s and mexico. There was mutual agreement that i would be involved in the boys life. There has never been child support. My kids lived on the border so it was easier to be in contact with them. Now she has moved further south to mexico and she has denied any contact with my children. I would like to know what steps i can take to see my boys and that my boys go to school in the u.s and have a relationship with them. It seems that now she wants to get child support when shes far away and deny any contact with my kids.
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order for her to get child support from you, she would need to file in court in Mexico (which can take forever) and you would need an attorney in Mexico to represent you to try to get custody or visitation of the children at that point through the Mexican court, since they are residents of Mexico. The Mexican courts are slow and this could take several years.
If she comes to Arizona to seek support, then you could seek at that time, since she voluntarily came to the AZ courts, file a motion for custody/visitation in AZ and seek to avail yourself of the AZ laws because she voluntarily came to the AZ court and invoked their jurisdiction over her.
If she does not come to AZ though, you are going to be forced to get an attorney in Mexico to fight her there for custody and support (which by the way is way lower in Mexico than it would be in AZ).

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