Termination Without Severance In Maricopa
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FAQ
Severance of paternal rights, often referred to as termination of parental rights, is a legal process through which a parent's rights and responsibilities towards their child are terminated by a court order.
The court assesses the best interest of the child as the foremost matter. To win a termination of parental rights case, you must present clear and convincing evidence that shows a significant improvement in the child's welfare by severing the biological parent's rights is necessary.
Consequences of Parental Rights Termination 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.
FAQs About Child Abandonment in Arizona A mother or father has to be absent at least 6 months to lose their parental rights in Arizona.
Generally, once parental rights are legally terminated, there is no going back. That is particularly the case if the termination of rights was voluntary. Parental rights are typically terminated to pave the way for adoption of the child. Open adoptions are becoming more prevalent for older kids.
Parents can also voluntarily terminate their rights when they place their child for adoption. However, a parent cannot just terminate their rights because they want to avoid parental obligations, including child support.
Arizona law defines certain criteria, such as neglect, abuse, and inability to provide basic care, which can categorize a parent as unfit. This determination directly impacts custody and parental rights, underscoring its significance in safeguarding the well-being of children.
Grounds for Parental Rights Termination in Arizona Abandonment – where a parent abandons their child. Domestic/parental abuse or neglect. The parent has mental health issues and is not likely to change or get better in the foreseeable future. The parent has a history of substance abuse that will likely last indefinitely.
Arizona law states that the child must be “of suitable age and maturity,” but it doesn't specify a particular age (ARS 25-403). In that sense, a child cannot outright refuse visitation with a parent until the child turns 18.
A parent will usually not lose custody of a child unless it is found that having custody is not in the best interest of the child, such as in cases of physical or sexual abuse, neglect, domestic violence, refusal to co-parent, parent alienation, or a violation of a court order.