Though many people do not consider their right to terminate parental rights, it is possible in Arizona. Parental rights refer to the legal right a parent has to make decisions regarding their child. These may include where the child lives and goes to school, their healthcare, and their discipline.
When it comes to terminating parental rights, Arizona residents need to know that their cases are unique. You need very specific insight into the laws that impact your right to terminate another parent’s rights and when you may wish to do so. Often, after terminating parental rights, it’s common for our clients to wish to have a significant other adopt the child.
By working with our legal team to navigate this complex process, you gain clarity and reduce the risk of an undesirable outcome. The Shaw Law Group provides families with solutions. If you are unsure what the Arizona adoption laws are, how to terminate parental rights, or what steps you need to take to safeguard your relationship with your child, contact us. We work closely with families to navigate even the most challenging of legal matters.
To help you know what to expect, we’ll discuss two key factors in this piece: terminating parental rights and the adoption process in Arizona that you may wish to follow after terminating parental rights.
What Does It Mean to Terminate a Parent’s Rights?
Termination of a parent’s rights creates a permanent end to the:
- Legal rights
- Duties
- Privileges
- Obligations
Once parental rights are terminated, the parent no longer has any say in the child’s upbringing, health, religion, or other factors.
Termination of a parent’s rights is not the same as striping custody of a child from that parent. Custody refers to the amount of parenting time and ability of a parent to make decisions for a child. When a parent loses custody of a child, that does not mean they no longer have parental rights.
Can Parental Rights Be Terminated in Arizona?
You can terminate the parental rights of both mothers and fathers. You do not have to file a custody case or settle disputes with that person before you pursue termination of parental rights. Under Arizona law, parental rights can be terminated by consent, meaning both parents agree to it or by court order. The court always focuses on the objective of doing what is in the best interests of the child, not either parent.
However, there are specific requirements that must be met before such actions can be taken. Some examples of the circumstances in which terminating the rights of the parent may apply include the following:
- The parent abandoned the child.
- The parent willfully abused the child or neglected them.
- The parent is unable to provide parental responsibilities because of mental deficiency, mental illness, or a chronic history of abuse of drugs or alcohol, and in this situation, there must be reasonable grounds to believe that this specific reason will continue.
- The court convicted the parent of a felony related to being an unfit parent, such as murder or manslaughter of the other parent.
- The parent had parental rights of another child terminated within the previous two years for the same reason and is still unable to complete parental responsibilities.
- The parents relinquished their rights of the child to an agency or consented for the child to be adopted.
It is also important to note that, in the case of a potential father, parental rights terminations may be sought if the father fails to file a paternity action within 30 days of receiving court notice to do so. A termination of rights may also be sought if the putative father did not file a notice with the court to claim the child’s paternity.
Other factors could also influence this process. In situations with unresolved legal matters, such as charges being brought against one parent, it is crucial for the other parent to work diligently with an attorney to protect their child from further harm.
The Best Interests of the Child
Arizona laws favor the interests of the child. Having the other parent’s rights terminated is complex in that you must demonstrate how the child benefits from no longer having that parent serve in that capacity. The court alone has the ability to determine what is in the best interests of the child.
The best interest could benefit the child. For example, terminating parental rights could allow a person already playing an active role in the child’s life to serve in the same capacity, such as through adoption. It may also protect the child from further risk.
If you feel this is an important step in your child’s life right now, seek out the help of an attorney to discuss whether you may have the grounds to take action.
What’s the Process for Terminating Parental Rights?
As with all family court cases in Arizona, the first step is to file a petition with the court outlining the grounds you are claiming for the termination of parental rights. It is not common for a person to pursue this action unless they are the other parent or a close family member. However, if you believe you have the right to do so, working with a family attorney could be critical.
Who Can Petition the Court to Terminate the Rights of a Parent?
Any person who has a legitimate interest in the child’s welfare has the right to petition the Court to take this action. This falls under Title 8-533 of the Arizona Code of Law. This petition requires, among other things, that the petitioner meets specific requirements, as listed above in the grounds for termination.
This process will include:
- Filling out the “Petition for Termination of Parent-Child Relationship” petition.
- Filing that petition with the Clerk of Superior Court in either Phoenix or Mesa.
- Wait for the Court to send an “Order Setting Initial Hearing” document.
- Wait for the Court to send the “Notice of Initial Hearing” document.
- Bring all necessary paperwork with you to that appointment, assembled very specifically as outlined in the documents
- Complete Service or Notice of Process as required
- A Social Study may be required to determine the best interests of the child
- The Initial Hearing takes place, and decisions are made.
This is a long process with numerous steps along the way. At each interval, you must meet the specific requirements set by the Court, and as such, it is essential to hire a family law attorney to ensure this happens. Any failure to do so could mean the Court discharges the petition.
How Long Does a Parent Have to Be Absent?
There are some guidelines that may institute that a parent must be gone for a specific amount of time before the other parent can pursue action to terminate the parental rights. That’s not always accurate or complete. There are some grounds that require no timeframe at all.
Typically, if the petition is filed based on an abandonment claim, the child must fail to maintain normal parental relationship activities and communication with the child for at least six months without just cause for doing so.
Can Parental Rights Be Voluntarily Terminated?
It is possible for a person to voluntarily terminate their parental rights. In this situation, you must show the Court that the person clearly outlines that they relinquish these rights. This can happen in situations where the parent is the non-custodial parent.
For example, if a single parent makes the decision to marry, and that person wishes to adopt the child, the non-custodial parent could voluntarily terminate their parental rights so that adoption can occur. The Court may still require proof of the benefit to the child as well as the reasoning behind this action.
Arizona Adoption Laws: Adopting a Child After Termination of Rights
It is not uncommon for the termination of parental rights to lead to the adoption of the child by another person, such as described in the previous example. The adoption process in Arizona can be somewhat challenging to navigate on your own because of the numerous requirements in place to protect the child. And the same applies to the child’s best interests.
The process includes filing a petition with the Court. The Court examines the benefits to the child of the adoption before considering moving forward. In cases of stepparent adoption, Arizona Courts consider not just that the stepparent is available to the child but also that the party has established a reasonable relationship with the parent.
There is also a period of supervision in which a professional monitors the adoptive parent and the child. This may be done with the help of a caseworker, for example. The case worker’s job is to determine if the decision to award adoption to the stepparent is beneficial to the child. The specifics of your case matter here, too. If the stepparent has long played a positive role in the child’s life, a formal probationary period may not be necessary.
Termination of parental rights does not always mean that the Court will approve of a stepparent adopting the child. However, an adoption by the stepparent cannot happen unless there is a termination of parental rights.
Factors to Consider About Parental Rights Termination in Arizona
Understanding the benefits and opportunities that occur in parental termination is one step. However, the Court favors, in safe situations, that both parents have an active role in a child’s life and, in the absence of either parent, a close family member obtains adoption rather than someone with no biological ties to the child. There are a few more specific factors to consider:
The Burden of Evidence Can Be Steep
If you plan to file to terminate the rights of a child’s parent, you must bring evidence that is thorough and extensive to the Court. You must show the Court the implication of the current situation on the child’s well-being as well as how the child benefits from the termination. This is not easy to do.
A Study is Required
In nearly all situations, the Court will require a study completed after you file a petition to terminate parental rights. This study will take a look at all aspects of the situation, including, but not limited to:
- The grounds for the termination
- The child’s living situation
- The financial health of the parent maintaining parental rights
- The child’s stability, including both mental and physical stability
- The parent’s stability, including both mental and physical stability
- The parent’s ability to care for the child after termination
Assessing all of these details allows the Court to determine what the child’s needs are. It does not take the decision to strip parental rights away from one parent easily. That’s why it is so important that you, as the petitioner, have all the evidence possible to support your claims.
How an Attorney Can Help You in Terminating Parental Rights in Arizona
Over the years, The Shaw Law Group has worked with many parents seeking these actions, and in each situation, the cases are challenging. They require significant facts and a strong understanding of the legal processes in place in Arizona to protect children. When you meet with our legal team, and we decide to file your case for you, that means we believe you have the evidence necessary to support your claim and prevail in your decisions.
The state’s laws can change often. The information you are looking at online or through other resources may not always have the most up-to-date data. With so much riding on this process, though, it is critical to have an attorney who can guide you with confidence and careful advocacy.
Our legal team is a resource for parents who need to make critical decisions about their child’s future. Reach out to us for a consultation to discuss what your rights may be in this situation. Before you pursue any legal action in Arizona Court, discuss your case fully with our legal team.
