Parents are tasked with supporting, nurturing, and keeping their children safe to the best of their abilities. Unfortunately, all too often, parents cannot handle the responsibilities associated with raising children, and the resulting effects on the child can be devastating. Relinquishing or terminating parental rights can be necessary to help children in these situations, and that begins with understanding the process for terminating parental rights.
Parental Rights in Arizona
Parental rights are the rights and responsibilities automatically extended to parents to raise their minor child. Legal rights include the right to create healthcare directives, make education decisions, choose a religious affiliation, and grant legal consent in the child’s name. These rights accompany a responsibility to meet the child’s basic needs, including providing food, water, clothing, shelter, and supervision. Unfortunately, when a parent cannot fulfill the basic responsibilities involved with raising their child, they can have their parental rights terminated.
The termination of a parent’s rights is when the court or another ruling body finds a parent unable to care for their child. A parent can also willingly relinquish their rights. In either case, the parents must place that child in the care of another guardian. In some situations, like a step-parent adoption, the process of relinquishing or terminating rights takes place generally positively. However, in cases where parents are forced to involuntarily give up their rights, the proceedings can be stressful and perceived negatively by one or more people involved. In any case, the end result is a biological parent becoming unable to claim legal rights over their biological child.
Can Parental Rights be Reinstated?
Depending on the circumstances of the case, a parent’s rights may be reinstated. To begin this process, a parent must petition the court for reinstatement and prove that they can care for their child. This can happen when a child is placed into foster care temporarily, especially when the state cannot find placement.
What Are the Grounds for Termination of Parental Rights in Arizona?
As mentioned, termination of parental rights can be involuntary or voluntary. Authorities will consider the conditions a child is living in, as well as their relationship with their parents, so the process for relinquishing or terminating parental rights can be different for each case.
These decisions will completely change the relationship between a parent and a child, making the child completely independent from the wishes and directives of their biological parent. For example, if a father were to relinquish his parental rights over his eight-year-old child, he no longer has any say in legal decision-making related to that child’s upbringing.
Grounds for termination or relinquishment can generally be categorized as either voluntary or involuntary.
Voluntary Relinquishment of Parental Rights
Parental rights can be relinquished voluntarily when a parent chooses not to be involved in their child’s life. Typically due to the relationship with the other parent, these situations are usually associated with adoption cases, where another parent or couple is willing to adopt the child after their biological parent relinquishes their parental rights. For example, in cases where a step-parent chooses to adopt their step-child, the biological parent would need to voluntarily relinquish their parental rights to allow the step-parent to legally adopt that child.
Involuntary Termination of Parental Rights
Involuntary termination of parental rights typically occurs in more severe situations and is done to preserve the continued safety and welfare of the child. In these situations, the current parent or parents of a child could be facing other problems that diminish their ability to care for a child. Alternatively, their actions and interactions with their child could reveal that they are unfit to be parents.
Some of the most common grounds for involuntary termination of parental rights include the following:
Abandonment
If a parent abandons their child and cannot be contacted or found by the temporary guardian, the state can file an involuntary termination of parental rights. Arizona Law defines abandonment as a parent’s unwillingness or failure to have a relationship with their child, including support in raising that child, child supervision, or maintaining contact with their child.
Neglect
Child neglect can range in severity and can also vary in its impact on a child. For example, child neglect can involve a parent’s inability or unwillingness to provide food, shelter, or adequate medical care for their child. Neglect can also be caused by a parent’s inability or unwillingness to supervise their child.
Abuse
Abuse is one of the more blatant instances in which parents can have their parental rights terminated. In cases where a child is being abused, whether physically, sexually, or emotionally, the rights of their parents can be involuntarily terminated. These parents can also be subject to criminal charges for the abuse they committed against their child or children.
Felony Conviction of a Parent
If a parent is facing a life sentence, or if they are convicted of a violent crime that can result in a lengthy prison sentence, their parental rights can be involuntarily terminated to protect their child. Termination, in this case, can be a valid way to ensure the child is cared for while their parent is incarcerated. For example, if a parent is found guilty of a violent crime like robbery, a relative can petition the court to grant an involuntary termination of parental rights to become the guardian of that child.
Lack of Verifiable Paternity
Determining paternity is essential for fathers to assert their parental rights over their children. When a child is born to married parents, the husband is presumed to be the father. However, if the parents are not married, paternity must be established via a mutual decree from both parents or DNA testing. If a father of a child cannot be determined, or if the necessary paternity filings were not made on time, the parental rights that the father has over their child can be taken away.
Any Unknown Parent Identity
If the identity of either of a child’s parents cannot be found, despite in-depth search efforts, their rights will be terminated. This is usually used for cases of abandonment or when a mother cannot locate the father of her child. In these instances, a suitable remaining parent or relative can become the guardian of that child.
Parents Are Otherwise Deemed Unfit to Raise Their Child
If a parent has demonstrated an inability or unwillingness to care for a child, alternative housing, like foster care or placement with a relative, can be used as justification for the termination of parental rights. These grounds for termination are typically used in situations when a parent is dealing with problems like substance use disorder. SUD can render them unable to properly care for their child because of their current condition.
Frequent Rehousing of the Child
The court can involuntarily terminate parental rights over children who are frequently in foster care systems due to their parent or guardian’s actions. Once parental rights are terminated, the parents will be unable to remove their child from the foster care system. This can be reversed if they petition the court to restore their rights and are granted reinstatement.
When Parental Rights are Terminated in Arizona
When parental rights are terminated, any and all rights a parent has over their child are legally removed. Regardless of whether a parent is the biological parent of a child, once their rights are terminated, they are no longer associated with that child. This will remain true even after a minor reaches adulthood. Adoptive parents, family members, or biological parents retaining their rights over their child will now have full legal decision-making abilities for that child.
In addition, depending on the reason for the termination of rights, the parents could face criminal charges. For example, if a parent’s rights are involuntarily terminated due to allegations of abuse that are eventually substantiated, the parent will likely face criminal child abuse charges. Involuntary relinquishment of parental rights usually takes less time to settle than voluntary declarations, but in both instances, the complexity of the case will affect the timeline for reaching a decision.
What Is Needed to File an Order to Terminate Parental Rights?
Anyone who cares for the child and their welfare may petition the court to terminate parental rights. However, the petitioner has the responsibility to provide evidence that there are grounds for termination. For example, if you intend to petition for involuntary termination of parental rights because your child was abused by their other parent, you must file the necessary paperwork and gather proof of the abuse to present at a hearing. Typically, this process is complex and must be navigated with the help of a skilled juvenile law attorney.
For parents looking to relinquish their parental rights voluntarily, typically in cases of adoption, a consent form is needed to allow the adoptive parent to go through with their adoption plans. This form includes the name of the parent relinquishing their rights, their date of birth, and their relationship with the child, as well as the child’s name, date of birth, and last known address. The decree must designate a recipient of parental rights, a statement that confirms the parent understands what they are agreeing to, and a statement that confirms the agreement’s permanence.
How to Win a Termination of Parental Rights Case
Involuntary termination of parental rights requires diligent preparation by the party filing the petition. The process necessary for a successful involuntary termination of parental rights case includes the following steps:
Speak With an Attorney
Speaking with an attorney about filing an involuntary termination of parental rights order is essential for crafting a strong case. Juvenile law attorneys are well-versed in proceedings regarding children’s rights, especially when it comes to parental rights and the welfare of a child. These proceedings require substantial evidence and very specific attention to detail to be successful. Without proper guidance during these cases, a judge may dismiss a filing due to clerical errors or insufficient evidence.
File a Petition for Permanent Termination of Parental Rights
After creating a petition to terminate parental rights in Arizona, the court requires two very important pieces of information. The first of these essential pieces of evidence is proof that the petitioner has an interest in protecting the welfare of the child in question. Whether they are a step-parent, relative, or another interested third party, the person filing the petition must prove they would be a better caregiver than the child’s current parents. This proof is provided through ample evidence given that supports the need for parental rights termination, such as evidence of neglect or abuse.
Receive a Hearing Date
Once the evidence is submitted, a judge will review the case and determine whether there is enough evidence to support the claims made by the petitioner. In some cases, problems with the information provided, like clerical errors or a lack of evidence, can cause a judge to dismiss the case or return it to the petitioner for amendments. Once reviewed and edited, the petitioner can re-submit their petition. If approved by the court, a hearing date will be set, and all involved parties will receive notice of this hearing.
Provide and Gather Ample Evidence
The evidence used to create the petition, as well as information gathered by the current guardian or guardian ad litem, must be collected before the hearing date. For cases involving tribal organizations, representatives from those tribes must be included in the filing process as an interested party.
Serve the Necessary Paperwork
As with other Arizona Family Court cases, the petitioner is responsible for notifying the other parties involved about the filing. The petitioner must notify the respondent of the filing at least ten days before the preliminary hearing for the case, though the service window increases to 30 days for those outside the state. The respondent must respond within the window to make their side known during the hearing.
Attend the Hearing
The hearing stage is the most important part of the process. During the hearing, both the parent whose rights are subject to termination, and the party interested in becoming the child’s legal guardian must be present. If the parent does not attend the hearing, the party looking to become the child’s guardian can claim abandonment, which significantly helps their case. Once the evidence regarding the parent’s unfitness and the petitioner’s interest in the child is presented to the judge, they will either grant or deny the petitioner’s request. If termination is granted, the child will immediately be placed in the care of the petitioner.
Consult a Juvenile Law Attorney in Phoenix
Whether your situation requires involuntary termination or voluntary relinquishment of parental rights, the process is complex and stressful. Besides the legal filings and extensive evidence necessary for a successful case, the emotional turmoil you are about to undergo makes legal and emotional support all the more important.
The team of juvenile law attorneys at The Valley Law Group has the experience and expertise necessary to support those looking to terminate parental rights in Arizona, and we will work diligently to help you build a successful case. For more information about our juvenile law services, schedule a consultation.
*Editor’s Note: This article was originally published Jul 30, 2021 and has been revised May 16, 2023.
Ryan Reppucci, Founder/Director of Legal Operations of The Valley Law Group, is recognized as one of Phoenix’s leading family law attorneys. After graduating from Arizona State with the highest honors and inclusion in America’s most prestigious student honor societies, Ryan attended the University of Detroit Mercy School of Law. His career as a law student was decorated with numerous awards, including the University of Detroit Mercy School of Law Book Award, nomination for membership in Who’s Who Among Students in American Colleges and Universities, as well as Moot Court.