fbpx

Voluntary and Involuntary Termination of Parental Rights

Search
Termination of Parental Rights
Pinterest Hidden Image

Terminating parental rights in AZ is an extremely difficult legal action that permanently severs the legal relationship between a child and their parent. When it comes to parental rights termination, it is critical for parents to understand the difference between involuntary and voluntary termination as they work through these complex legal processes. The thoughtful and experienced legal team at The Valley Law Group is eager to clarify these matters.

Voluntary vs Involuntary Termination of Parental Rights: Understanding the Difference

The process of both voluntary and involuntary termination of parental rights is emotionally charged and can be extremely complex and difficult. For Arizona parents, knowing the difference between the two is crucial to understanding the legal processes they will need to undergo. Involuntary termination of parental rights is a petition brought forward by a person other than the parent, while voluntary termination involves a parent willingly giving up their rights.

Involuntary Termination of Parental Rights

The state of Arizona or another party who initiates involuntary termination of a parent’s rights must do so on the grounds that the parent is not able to adequately care for the child. If a parent is not found to be fit for parenting or has a history of severe substance abuse, neglect, abandonment, or other abuse, this can be a strong reason for involuntary termination of parental rights.

In such cases, the state is required to bring forward convincing and straightforward evidence that ending the individual’s parental rights is a necessary measure to preserve the welfare of the child. If you are facing processes for the involuntary termination of parental rights, it is critical to get in touch with an experienced family lawyer who can defend your individual rights, as well as your rights as a parent.

Voluntary Termination of Parental Rights

Voluntary termination of parental rights involves a parent deciding it is best for their child if they give up their parental rights. Such a choice is typically made for personal reasons, though others may be aware of the difficulties that led to the decision. For example, if a child is being adopted by another family, or if the parent feels that they are not capable of providing adequate care for their child, they may voluntarily relinquish their parental rights.

Even in cases where parents are voluntarily ready to give up their parental rights, the termination must be approved by an Arizona court. When deciding whether termination should be approved, the court will consider critical evidence that demonstrates whether it is in the child’s best interest for the parent to give up their parental rights. An experienced and knowledgeable family lawyer can help ensure this process is navigated smoothly.

What Is the Procedure for Giving Up Your Parental Rights?

In Arizona, the process of giving up your parental rights is engineered to make sure the decision is ultimately in the best interests of the child. It is critical to fully understand the consequences associated with giving up your parental rights. An experienced family lawyer from The Valley Law Group can help you understand the consequences associated with termination, and if you decide you would like to proceed, they can help you navigate the process.

The process begins with filing the petition for voluntary termination of parental rights with an Arizona court. In the petition, you will need to state your reasons for terminating your rights. You must show that the termination of your parental rights will be in the best interest of your child. If you are placing your child up for adoption, you will need to include this paperwork as part of your application.

Your family attorney can help you understand whether consent from the other parent or guardian is required to apply for the termination of your parental rights. They can help you gather adequate paperwork to show whether or not the other parent consents and help you navigate the repercussions if the other parent or guardian refuses to do so.

After your petition has been submitted and reviewed, you will have a scheduled hearing to review the case. During the hearing, the judge will review factors that influence the best interests of the child, the current relationship that exists between the child and the parent, the grounds for voluntary parental termination, and other individuals involved who are willing and able to adopt the child. If the court approves, your parental rights will be terminated.

Do Both Parents Have To Agree To Terminate Parental Rights?

 

No, it is not a requirement that both parents agree to the termination of parental rights for it to be executed. Whether or not each parent agrees to the termination process depends on various factors, such as whether the termination is voluntary or involuntary and other particular details related to the case.

For involuntary termination cases, it is possible for a parent’s rights to be terminated without the other parent agreeing or being involved in the process. This usually happens when another party or the state of Arizona decides that the parent is not fit to protect the well-being of their child. However, in such cases, the consent of the other parent is also not required, as the courts are only mainly considering the well-being of the child.

On the other hand, if the case involves a voluntary termination, the parent who desires to relinquish their parental rights will need to submit a petition to the court. The court will then need to review their request to ensure that termination is in the child’s best interest. In such cases, the other parent may not need to agree if the child is being put up for adoption or if the parent terminating their rights is voluntarily giving them to another guardian.

Should I Hire a Lawyer for Terminating Parental Rights?

It is generally recommended to hire a lawyer if you are going through the process of terminating parental rights. Whether you are facing involuntary termination or voluntarily relinquishing your rights, the process is complicated and comes with critical legal implications. An experienced family lawyer can help you navigate the complex legal process of terminating parental rights. They can assist you with submitting petitions, going to court hearings, and giving key arguments or supporting evidence.

If you are dealing with involuntary termination and wish to remain your child’s parent, an attorney can fight for you to ensure your parental rights are protected. They can bring forward strong evidence, cross-examine critical witnesses, and oppose the termination in court. Overall, an attorney can ensure that all necessary legal procedures are carried out in a proper and timely manner. Finally, they can help present your case in a light that is in alignment with the best interests of your child.

Even if your parental rights have already been terminated involuntarily, an experienced lawyer can help you with filing an appeal to fight the decision. While the appeals process is long and complicated, requiring significant experience in an appeals court, it is generally recommended to work with an experienced lawyer. By working with a knowledgeable family lawyer, you can have peace of mind that your case is being professionally handled for optimal outcomes.

How To Keep My Parental Rights From Being Terminated?

How To Keep Parental Rights

If you are facing involuntary termination of your parental rights over your child, it is critical for you to work proactively and clearly understand these steps in the defense process involved. An experienced family lawyer from The Valley Law Group can help you implement the following strategies to defend your parental rights:

Continue Fostering Your Relationship With Your Child

When the court is deciding on termination of parental rights cases, the judge will most commonly look into the relationship between you and your child. If they see you are consistently spending time with your child, communicating with them actively, and demonstrating a commitment to their well-being, this will reflect positively on your relationship and increase your chances of keeping your parental rights

Comply With Court Orders

Although court orders can be frustrating and overwhelming, it is critical to comply with any legal restrictions that you may be facing. Be sure to comply with advice from your lawyer, as noncompliance with court orders may be used against you in your termination case. You must also attend scheduled hearings on time, actively participate in required programs, and adhere to visitation schedules.

Comply with Child Protective Services (CPS)

If CPS is involved in your case, it is important to comply with their requests and not stand in the way of any of their investigations. By maintaining a positive relationship with them, you can show your willingness to work together towards positive outcomes that will ultimately benefit your child’s well-being. An experienced lawyer can ensure your rights are protected during a CPS investigation.

Quickly Address Any Concerns

If any challenges have been made regarding your capability to provide adequate care for your child, it is important to address them immediately. For example, if there have been complaints about the living conditions where you stay with your child, your mental health, or a history of substance abuse, it is critical to find solutions to demonstrate to the courts that you are serious about your role as a parent.

Demonstrate Willingness to Change and Stability

When determining whether your parental rights should be terminated, courts will carefully consider the living environment and your ability to protect your child’s well-being. You can show the stability that you may provide for your child by keeping a steady job, having safe and adequate housing for your child, entering into therapy, or improving your support system or your ability to provide care for your child’s well-being.

Thoroughly Document All Efforts

Documentation is critical to have in the termination of parental rights cases. Having clear evidence that you have a strong and stable relationship with your child, have worked to improve the overall circumstances, and have adequately complied with court orders can drastically help present your case in a positive light and help you keep your parental rights.

Hire an Experienced Lawyer

A knowledgeable family lawyer can help you understand what your rights are in such termination cases, advocate fiercely on your behalf, and give you essential legal advice on increasing your chances of keeping your parental rights. They can also work to challenge any accusations against you that could threaten your rights as a parent.

The experienced legal team at The Valley Law Group understands how difficult it can be to have your parental rights under fire. Therefore, we are here to help you develop a robust strategy to protect your personal and parental rights. We will work to show the positive, strong bond between you and your child, fighting hard to keep you together.

Can You Appeal the Termination of Parental Rights?

While appealing the termination of parental rights is complicated and difficult, it is possible. To be able to appeal the termination of your parental rights, you will need to show that there was either a legal error in the decision made before or that new evidence is available, which could alter the case outcome.

Reasons for which termination of parental rights cases are commonly appealed include the following:

  • Argue a lack of evidence. If the evidence brought forward in the prior hearing was not enough to show that parental rights should have been terminated, this can be strong grounds for an appeal.
  • Bring up new evidence. If critical evidence emerges after parental rights have been terminated, this can be brought forward in court. Examples of new evidence include a robust demonstration that the parent who had their rights terminated was indeed practicing responsible and beneficial parenting techniques.
  • Argue inadequacy of prior legal counsel. If the parent was not adequately represented by their legal counsel, they could cite this as a viable reason to have the case appealed. A more experienced and dedicated lawyer could considerably change the outcome of the case.
  • Show procedural errors. If the court mishandled the prior case, certain legal processes were not adequately followed, or if the parent was denied their right to due process, this could be strong grounds for an appeal.

An experienced lawyer from The Valley Law Group can help you understand whether your case is viable for an appeal. The right attorney can deeply analyze all aspects of your circumstances, including prior trial records, the defense brought forward by your previous lawyer, and other crucial factors to find strong reasons to appeal your termination of parental rights. Your attorney can champion your case the next time around, fighting for optimal outcomes.

Work With The Valley Law Group on Your Termination of Parental Rights Challenges

Termination of Parental Rights Challenges

If you are currently dealing with a case of termination of parental rights, it is critical to work with an experienced and knowledgeable lawyer who can help ensure you are aware of your rights and assist you with navigating such complex processes. An experienced and compassionate family attorney from The Valley Law Group is here to assist you with your case.

Contact us today to start discussing your situation.

Post Navigation

Get Free Consultation