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Terminating Parental Rights in Arizona
The decision to terminate parental rights is not easy, legally or emotionally.
Whether you wish to pursue terminating a parent’s rights or need to defend your rights to your child, an Arizona termination of parental rights lawyer is essential to move forward.
Learn how the skilled termination of parental rights attorneys at The Valley Law Group can help you achieve the best possible outcome for your case.
What Is Termination of Parental Rights in Arizona?
Termination of parental rights permanently ends the legal relationship between a parent and their child. This means that the parent loses their decision-making authority, custody, and financial support obligations.
Courts do not take the decision to end a parent-child relationship lightly, and this decision is only made if it is in accordance with the child’s best interests. Issues such as abuse, neglect, abandonment, or the inability to properly care for the child are common grounds for termination. Parents may also choose to end their rights voluntarily.
Whether termination occurs on a voluntary or involuntary basis, severance of parental rights can be an emotionally difficult and complex legal process.
Types of Parental Rights Termination
There are two types of parental rights terminations in Arizona: voluntary and involuntary.
Voluntary Parental Rights Termination
Some parents may choose to voluntarily relinquish their rights to a child.
This can be necessary for a few different reasons, such as:
- Allowing the child to be adopted by another family because they can provide a more stable life.
- Recognizing they are unable to provide adequate care, support, or a safe environment for their child.
- Unwillingness to do the above.
Even if a parent chooses voluntarily to end their legal parent-child relationship, it is important to remember that there are still legal proceedings and paperwork that must be completed to terminate rights on a legal basis.
Involuntary Parental Rights Termination
In some situations, the courts may terminate a parent’s rights without their consent. For such a serious decision to be made, there must be evidence that a child is in significant emotional or physical harm or that the parent is unfit and unable to provide adequate care for their child.
Common reasons for a parent to be deemed unfit include:
Abandonment
Arizona law defines parental abandonment as when a parent fails to provide reasonable support, regular contact, or supervision for a child for six months or longer. The court will note that the parent is unwilling to maintain a relationship with their child, and abandonment becomes grounds for involuntary termination of parental rights.
Incapacity or Illness
If a parent becomes ill or incapacitated, their rights may be terminated if it can be proven that the parent is no longer able to provide proper care for their child.
Chronic Substance Use
If a parent is struggling with a chronic substance use disorder that leads to neglect, harm, or endangerment, their rights may be terminated.
Neglect
Child neglect involves a parent's unwillingness or inability to provide food, clothing, shelter, medical care, emotional and educational support, or lack of adequate supervision.
Abuse
Causing harm to a child through physical, emotional, or sexual abuse is one of the more blatant instances in which a parent can have their parental rights terminated. On top of the loss of those rights, parents could face criminal charges for child abuse.
Foster Care Involvement
If a child has been repeatedly removed from their home and placed into foster care, the state may petition to terminate the parent’s rights.
Felony Conviction or Incarceration
A felony conviction or lengthy incarceration can be grounds for terminating parental rights in Arizona if it impacts the parent’s ability to care for their child. If their absence disrupts the child’s stability or well-being, or if the conviction is related to actions that endanger the child, the court may decide it is in the child’s best interests for their parent to lose parental rights.
Domestic Violence
If a child is put in an unsafe or harmful environment due to their parent's domestic violence, the court may decide to terminate their parental rights on the inability to provide a stable and secure environment.
Felony Conviction or Incarceration
A felony conviction or lengthy incarceration can be grounds for terminating parental rights in Arizona if it impacts the parent’s ability to care for their child. If their absence disrupts the child’s stability or well-being, or if the conviction is related to actions that endanger the child, the court may decide it is in the child’s best interests for their parent to lose parental rights.
Domestic Violence
If a child is put in an unsafe or harmful environment due to their parent's domestic violence, the court may decide to terminate their parental rights on the inability to provide a stable and secure environment.
Parents Are Otherwise Deemed Unfit for Parenthood
If a parent is unable to provide a safe and nurturing environment for their child, they may be deemed an unfit parent. The term “unfit” refers to a situation where the parent’s behavior or circumstances significantly impair their ability to care for their child’s needs.
The Legal Process of Parental Termination
The skilled termination of parental rights lawyers at The Valley Law Group can help you navigate the often complex process of terminating parental rights.
Steps include the following:
File a Petition
The process of terminating parental rights begins with a parent, foster parent, legal guardian, child’s relative, or a child welfare agency filing a petition within the county where the child lives. The petition must clearly state the grounds for termination and include evidence to prove these grounds.
Notice and Hearing
Once the petition is filed, the court will set a hearing date and notify all parties involved. The parents whose rights are at risk of termination must be given proper notice of the proceedings so they have an opportunity to defend themselves. The parent or parents are typically entitled to legal representation, either through a hired attorney or a court-appointed attorney.
Court Evaluation
During the hearing, the court will evaluate the evidence presented by both sides. The petitioner must demonstrate through clear and convincing evidence that the termination is in the child’s best interest.
Determine The Best Interests of the Child
The best interests of the child are the top priority of the court as they decide whether to sever parental rights.
This can include:
- The child’s safety and well-being
- The child’s stability
- The bond the child has with their parent(s)
- The child’s needs being met
- The nature of the parenting
- The child’s wishes, depending on their age and maturity
- The child’s existing care arrangements, if they are thriving in their current environment, and how changing this could impact their well-being.
Final Decision and Appeals
If the court determines that termination is in the best interest of the child, the judge will issue an order terminating the parent’s rights. If it is believed that the court made legal or procedural errors within its decision, a party may have grounds for an appeal. An appellate court can review the arguments and either affirm the original decision, reverse it, or send the case back to the lower court.
Consequences of Parental Rights Termination
Once parental rights are terminated, parents lose all legal authority over their children. This means they can no longer make decisions about medical care, living arrangements, or the child’s upbringing. The only obligation they must uphold is any existing child support order, but that can end if the child is officially adopted. In most cases, the severance of parental rights in Arizona will not be reversed once issued.
If a family member or close family friend was the petitioner, they may be able to adopt the child if the state deems them a suitable parent. If a parent has voluntarily given up their rights, the child could be adopted by a family member or someone outside the family.
How a Termination of Parental Rights Lawyer Can Help You
If you are facing the termination of your parental rights or are considering pursuing the termination of parental rights for adoption, the family law attorneys at The Valley Law Group are here to offer compassion and legal support every step of the way.
Our team will start with a comprehensive legal consultation to evaluate your case and provide guidance regarding the most effective course of action. We will gather evidence, develop a formidable legal argument, and represent you throughout the entire process.
At The Valley Law Group, we understand that family law cases can be among the most stressful and emotionally charged experiences of your life. We are dedicated to guiding you through this tumultuous time with personalized legal strategies and a commitment to protecting your rights.
Termination of Parental Rights FAQs
The Valley Law GroupCan Provide Skilled and Compassionate Support
If you’re experiencing the possibility of having your parental rights terminated or wish to have a co-parent’s rights terminated because you believe it is best for the child in question, it is essential to work with experienced family law and custody lawyers in Arizona.
Terminating parental rights is a sensitive matter that requires a substantial amount of evidence and a solid legal basis.
Reach out to The Valley Law Group, and our Arizona termination of parental rights attorneys can begin answering your questions and developing a formidable case.
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