{"id":2676,"date":"2016-07-18T07:55:59","date_gmt":"2016-07-18T14:55:59","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?page_id=2676"},"modified":"2024-10-31T16:10:29","modified_gmt":"2024-10-31T23:10:29","slug":"termination-parental-rights-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/termination-parental-rights-arizona\/","title":{"rendered":"A Guide For Termination of Parental Rights in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

When a child lives under circumstances that threaten his or her well-being, somebody close to that child may need to petition the court for a termination of parental rights.<\/p>\n

Anybody with a legitimate interest in that child\u2019s welfare can petition the court for termination of parental rights, be it a relative, a physician or a private agency. Sometimes taking this step is crucial for the safety of the child.<\/p>\n

Grounds for Parental Termination in Arizona<\/h2>\n

Courts may only terminate parental rights with the proper statutory authority. Arizona Revised Statute \u00a78-533(B)<\/a> provides the following grounds for termination:<\/p>\n

    \n
  1. The parent abandoned the child.<\/li>\n
  2. The parent neglected or abused the child.<\/li>\n
  3. The parent has mental illness or a history of substance abuse that is likely to continue for an indeterminate period of time.<\/li>\n
  4. The parent was convicted of a felony of such a nature that would prove unfitness to parent, or the sentence will deprive the child from a normal home for a period of years.<\/li>\n
  5. The presumed (called \u201cputative\u201d) father failed to file a timely claim of paternity.<\/li>\n
  6. The parents relinquished their rights to another individual or an adoption agency.<\/li>\n
  7. The child is being cared for in an out-of-home placement for a period of time, and the parents have not remedied the situation that caused such placement.<\/li>\n
  8. The identity of the parent is unknown, and remains unknown after three months of diligent searching.<\/li>\n
  9. The parent had parental rights to another child terminated within the preceding two years, and is presently unable to discharge parental responsibilities for the same cause.<\/li>\n
  10. The child is repeatedly removed from the home to out-of-home placement.<\/li>\n<\/ol>\n

    A child has the right to receive reasonable support<\/a> from his or her parents. If the child is not receiving financial support from a parent, he or she still has the right to visit and communicate with that parent. The logic behind this argument is that the child\u2019s life should be better off with two loving parents, even if one parent struggles to financially support the child.<\/p>\n

    However, there are circumstances where it may be in the child\u2019s best interests to cease visitation and communication with a parent. Failure to pay child support isn\u2019t enough to warrant this type of severe action, but it may be a red flag for other issues that are harmful to a child, such as abandonment<\/a> or neglect. When these issues arise, the court may take action to limit or terminate a parent\u2019s rights to visitation, communication, and decision-making on behalf of the child.\u00a0<\/span><\/p>\n

    Termination of Parental Rights<\/h2>\n

    When the court terminates an adult\u2019s parental rights, it severs the legal parent-child relationship. Neither the parent or the child retains the right to visit and communicate with each other, and the parent loses the right to make important decisions on behalf of the child (i.e. healthcare, schooling, religion). The parent who lost his or her parental rights is no longer obligated to pay child support, as the responsibility for providing reasonable support transitions to the new adoptive parent (or to the state if the child is a ward of the state).<\/p>\n

    The guidelines for termination of parental rights<\/a> are set at the state-level. All 50 states, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the US Virgin Islands have statutes regarding the termination of parental rights in family court.\u00a0<\/span><\/p>\n

    Voluntary Termination of Parental Rights<\/h2>\n

    Termination of parental rights can be voluntary. That said, a parent can\u2019t just give up their rights because they don\u2019t want the associated obligations (namely child support). For a court to approve voluntary termination of a parent\u2019s rights, there will usually need to be another adult who is willing to adopt the child and assume the associated obligations. \u00a0<\/span><\/p>\n

    Grounds for Involuntary Termination of Parental Rights\u00a0<\/span><\/h2>\n

    In Arizona, there are 13 situations that can serve as grounds to involuntarily terminate parental rights<\/a>:<\/p>\n