Reppucci & Roeder Juvenile Law - Termination of Parental Rights
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Termination of Parental Rights

Parental rights are a given in our society. However, many family law procedures’ difficult job is to take those “given” rights and examine them to determine what will actually be in the best interest of the child. In some cases, termination of parental rights is necessary to either protect the child from adverse conditions at home or enable a new guardian or adoptive parent to assume parental rights instead.

To clarify, reasons for the termination of parental rights may include… 

  • Adoption
  • Chronic or long-term illness or incapacitation of the parent
  • Inability to provide for the needs of the child
  • Incarceration or conviction of parent for a felony
  • Disability due to addiction or continued substance abuse
  • Ongoing neglect or abuse of child
  • Abandonment

Severance of parental rights can be either voluntary or involuntary. Even in the most amenable voluntary situations, though, there is extensive paperwork and important procedures to follow. It’s essential that you have an experienced legal advisor walking you through the process and ensuring that all of the important protections are in place. Contact Reppucci and Roeder for help with your case. Our first priority is the happiness and safety of your family.

Termination of Parental Rights

Termination of Parental Rights FAQs

What are the Grounds for Terminating Parental Rights in Arizona?

Arizona law outlines reasons why a court can terminate parental rights. At least one of the reasons must be proven. Some of the more common reasons include abuse, neglect, excessive time in incarceration, and substance abuse.

How long does it take to terminate parental rights in Arizona?

Every case is unique. The timeline of losing rights depends on particular circumstances. Arizona court seldomly terminates the rights of both parents. However, it will do so in cases when it is in the best interest of the child.

Arizona law outlines how long it would take for both parents to lose rights. The court may decide to terminate parental rights when:

  • The child has been placed out of the home for at least nine months and the parent neglects to address recognized issues.
  • The child is the age of three or younger, been in placement for at least six months, and the parent has failed to remedy issues.
  • The child has been in an out-of-home placement situation for 15 months or longer and the parent has failed to remedy issues.

Can you get your parental rights back after termination in Arizona?

Parental rights can be reinstated in Arizona. A parent may petition to reinstate rights if they can prove that they can provide a safe environment. Termination of parental rights may only apply to one parent.

Does signing over parental rights stop child support in Arizona?

Some people don’t want to be parents. In other scenarios, a parent may realize that an ex spouse and their new partner are better fitted to be parents. Arizona presents options for those wanting to sign over parental rights. However, the want alone is not grounds for Arizona to acquiesce. One can give up parental rights under a number of conditions.

For example, one must express a desire to give up parental rights to the other parent, gaining their approval. If a child is over the age of 13, a parent may require consent from the child. However, there are circumstances that make the process easier to determine; if a parent has abandoned a child or has endangered their child, it is highly likely the court will go ahead with a request to sign-over rights.

Learn More About AZ Juvenile Law

 

 

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