The team at The Valley Law Group is ready to guide you through the difficult process of terminating parental rights. An experienced family law attorney can help you collect all of the correct documentation, file the petition, and prepare for any hearings or court appearances.
The relationship between a parent and their child is an important one. Parents are responsible for ensuring their child has enough to eat, that they attend school regularly, that their emotional needs are met, and so much more. Unfortunately, not every parent is willing or able to fulfill their responsibilities.
If a parent either cannot or will not care for their child properly, the courts may need to remove the child from their care. This is a legal process called termination of parental rights. Once this process is completed, whether voluntarily on the part of the parent in question or not, a parent will lose all legal rights to their child.
Involuntary Vs Voluntary Termination
Removing a child from their parents is never an easy decision. It takes a great deal of care and consideration before a parent will take steps to relinquish their rights. In some cases, however, a parent does not have a say in whether or not they can maintain their parental rights.
There are two classifications for the termination of parental rights in Arizona.
Involuntary Termination of Parental Rights
There are multiple circumstances in Arizona that could result in a parent involuntarily losing their parental rights. If a parent is convicted of a felony and serving their sentence means that their child will not have a stable home with them, they risk having their parental rights terminated.
Also, if a father has the opportunity to claim paternity of a child and does not, then he could lose his parental rights. This does not mean that a parent’s rights are stripped from them with no warning, however. Rather, a motion must be filed before the courts will review any evidence, and a final decision will be made.
Voluntary Termination of Parental Rights
Some parents may realize that they are not fit or able to care for their child properly. In these circumstances, they have the option to file a motion themselves to terminate their rights. Similar to involuntary termination, this does not mean that a parent can simply walk away from their child with no warning. They must make any necessary filings and ensure that someone else is available to take over the care of their child, most often through adoption.
Termination of parental rights in Arizona is a decision that should not be taken lightly because it will radically impact the life of the child. It’s worth mentioning that the goal of many child welfare organizations is to keep children with their parents unless there are certain circumstances that make that impossible. That is why Arizona very clearly defines specific grounds that are acceptable for the termination of parental rights.
Grounds for Parental Rights Termination in Arizona
Not every person is fit to be a parent. An individual may be incapable of caring for their children for multiple reasons, including an addiction to drugs, a refusal to claim paternity, or due to the consequences of felony convictions. For the state to terminate parental rights, the parent must be deemed unfit. Legally, this means that they are unable to provide care, support, or guidance to their child. This can look different from one family to the next, but there are several common grounds that justify the termination of parental rights in Arizona.
Incarceration
While becoming incarcerated or otherwise encountering the criminal justice system does not always result in the termination of parental rights, severe cases may be grounds for termination. For example, if a parent is convicted of a felony and receives a lengthy prison sentence that renders them unable to care for a child for the rest of that child’s formative years, their parental rights could be terminated by the courts.
This is especially true if the felony crime is a violent crime like murder, assault, a sex crime, or armed robbery. If a family member is concerned that the child may not be safe or have a stable home, they can file for termination of parental rights so they are able to assume custody of the child.
Incapacity or Illness
The primary intent of any assignment of parental rights case is to ensure that the needs and best interests of the child are met. If a parent becomes ill or is otherwise incapacitated, perhaps due to their continued struggles with mental illness, then their parental rights could be terminated. The court will require evidence that the parent is no longer able to provide for the needs of their child.
Substance Use
Substance use disorder can impact anyone, regardless of their parental status. Despite their best efforts, some parents are unable to overcome their addiction, negatively impacting their relationship with their child and affecting their ability to provide for the child’s needs. If substance use causes a parent to neglect, harm, or endanger the child, a motion may be filed to terminate their parental rights.
Abandonment
There are circumstances where a child may be left with another caretaker for a short period of time while their parents are away. That is perfectly acceptable, within reason. If, however, a parent leaves their child with a temporary guardian and does not return, they have legally abandoned their child. Arizona family court views this action as the parent being unwilling to or failing to have a relationship with their child. Abandoning a child could trigger an involuntary termination of parental rights.
Neglect
There is a wide range of situations that could be considered neglect. When a parent is unable or unwilling to give their child the food, shelter, or care that they need, then that child is being neglected. Neglect can also occur when a parent fails to supervise their child on a consistent basis, which gives the child ample opportunity to get into legal trouble or experience harm. This is also a form of neglect and can result in the termination of parental rights.
Foster Care Involvement
Parental rights may be terminated in situations where a child is removed from their parent’s home and placed into foster care multiple times. The placement could occur due to abuse, neglect, or any number of reasons. If a child is placed into foster care multiple times, the state may petition to terminate parental rights. When that happens, the parent will be unable to remove the child from foster care unless their rights are reinstated.
Unknown Parents
In situations where a child’s parents are unknown, such as a child who was abandoned as an infant, the parental rights may be terminated. For the termination to be accepted by the court, there must be extensive efforts to attempt to find the child’s parents. If these efforts are unsuccessful, a motion can be filed to terminate rights.
Abuse
This is one of the most well-defined reasons for the termination of parental rights in Arizona. There are several different types of abuse that can make the termination of parental rights necessary. Physical abuse is the most familiar type of abuse for most, but it is not the only form of abuse that can be used as grounds for termination. Parental rights may also be terminated if it is discovered that a parent is sexually, verbally, or emotionally abusing their child.
Voluntary Termination
There are other circumstances that can be considered legal grounds for the termination of parental rights in Arizona and occur when a parent desires to relinquish their rights. Biological parents may wish to relinquish their rights to incoming step-parents, or the child may be the result of a sexual assault, and the parent wishes to release them for adoption. Regardless of the grounds cited, what serves the best interest of the child will always be the most important goal while determining parental rights.
What Is the Best Interest of a Child?
If a parent is losing their parental rights, regardless of the circumstances, the child will be the most seriously impacted. Losing their relationship with a parent, voluntarily or involuntarily, can have a significant impact on their relationships with other family members, their mental or emotional health, and potentially even their physical health. When these cases are being decided, the court will always carefully consider what outcome will be in the best interest of the child.
There is no single standard for a child’s best interest, and this will look different for each case. However, the courts regularly consider a few important factors when determining a child’s best interest. First, the courts will take into account what living situation will best preserve the child’s mental health, social skills and connections, education, comfort, and more.
Second, the court will consider who is best suited to take care of the child. A parent may love their child and make an effort to provide for them, but simply not have the ability to give the child the care they need. Once the decision is made to terminate parental rights, any petitioners and the court will follow a strict procedure.
The AZ Parental Rights Termination Process
The termination of parental rights is a complex process, whether the rights are terminated voluntarily or involuntarily. There are different requirements for each termination, so it is important to understand the process your case may require.
Voluntary Termination of Parental Rights
For voluntary termination of parental rights, the petitioner must complete these requirements.
- The parent completes a consent form that includes information such as:
- The parent’s name, address, birthday, and relationship to the child.
- The child’s name, birthday, and address.
- The name and address of who will receive parental rights, whether a person or an agency.
- An acknowledgment statement showing the parent understands the consequences of giving up their rights.
- A statement acknowledging that once rights are given up, they cannot be reinstated.
- A statement confirming that the parent has not received any type of compensation.
- The form must be notarized and filed with the juvenile court in the county where the parent lives.
Involuntary Termination of Parental Rights
The process to request involuntary termination of parental rights follows these steps.
- File a petition to terminate the relationship between parent and child.
- Request a court order to set the date of the initial hearing. This will happen if the court does not dismiss the initial petition.
- Receive notice of the date, location, and time of the hearing from the Clerk of Court.
- Gather all necessary paperwork, including:
- Copies of the petition
- Copies of information about the initial hearing.
- Serve paperwork to necessary parties. This may include:
- Parents
- Anyone else with legal custody of the child
- Individuals without custody who are acting in loco parentis, or in place of a parent
- Guardian ad litem
- Anyone else designated by the court
- Attend the hearing and present evidence to the judge.
Consequences of Termination
Once a parent’s rights have been terminated, they lose all legal claims to their child. They are no longer able to make medical decisions, determine where a child lives, or have any say in their care or upbringing. The only parental right or obligation that remains in place initially is any child support requirement previously established by the state. That is also terminated once the child is officially adopted.
If a family member filed the motion for termination of rights, then they may adopt the child provided the state finds them to be a fit parent. If a parent voluntarily gives up their rights to an agency, the child could be adopted by a non-relative.
Termination of Parental Rights in Arizona
Any family law case that involves children will always center on how the court can ensure the best interest of the child. Ideally, a child’s best interest is served by living with their parents, who meet their mental, emotional, and physical needs. Unfortunately, that is not always the case, and termination of parental rights is the best way to ensure the child is in a safe, healthy, loving environment.
If you are facing a situation where you believe the termination of parental rights would best serve a child, and you want to know how to win a termination of parental rights case, the guidance of a family lawyer with decades of experience can be invaluable.
The Valley Law Group to help you advocate for the rights of the child or children in your life, and contact our top rated Arizona family law firm for a free consultation today!
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Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.