This guide provides an overview of relinquishing and terminating parental rights. Topics discussed include reasons for termination or relinquishment of parental rights, due process issues, evidentiary matters, and more.
Arizona USLegal Guide to Giving Up and Signing Over Parental Rights
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FAQ
Abandonment includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.
How to terminate parental rights in Arizona File a Petition for Termination of Parent-Child Relationship. ... Obtain an order from the court to set an initial hearing. ... Obtain a Notice of Initial Hearing from the Clerk of Court. ... Assemble the required paperwork. ... Serve the paperwork. ... Attend the initial hearing.
So even if the parties "agree" not to pay child support to each other, the court will have an independent legal obligation to ensure that your agreement doesn't hurt the kids. A 50-50 division of parenting time *often* results in a minimal - or even nonexistent - need for child support payments. But not always!
Waiving Child Support Arrears If you owe the state the child support arrears, the DCSE will negotiate a settlement rather than outright waiving the unpaid balance. If the child support arrears are due to the custodial parent, then he or she has the right to negotiate a waiver of child support arrears.
How to Stop Child Support in Arizona When Both Parents Agree All parties must sign the Agreement to Stop the Income Withholding Order (and Support Order) in front of a Clerk of the Court or a Notary. If DCSS was involved in the child support case, a representative from the agency must also sign the agreement.
Even if you have given up your parental rights, you are still required to pay child support as prescribed by the court. You simply cannot decide that giving up your right exempted you from these payments.
A mother or father has to be absent at least 6 months to lose their parental rights in Arizona. Both ARS 8-201 & ARS 8-531 say, ?Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.?
How to Win a Termination of Parental Rights Case Speak With an Attorney. ... File a Petition for Permanent Termination of Parental Rights. ... Receive a Hearing Date. ... Provide and Gather Ample Evidence. ... Serve the Necessary Paperwork. ... Attend the Hearing.
