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5 Most Frequently Asked Questions About Terminating Parental Rights

terminating parental rights phoenix, terminating parental rights lawyer phoenix, family law attorney phoenixIn Phoenix, Arizona, parental rights cases come up in instances where families with stepparents what to adopt a child whose biological parent is not around and/or cannot be found. Parental rights termination also comes up when parents are deemed unfit or have abandoned their children. While the laws regarding parental rights are clear, every situation involving terminating the rights of a biological parent is unique. If you are involved in any legal matter that includes terminating the rights of a parent, contact a professional family law attorney like Lasiter & Jackson, Attorneys At Law.

5 Most Frequently Asked Questions About Terminating Parental Rights

Terminating the parental rights of a parent or parents and their child is a complicated matter and can only be complete by a court order. In adoption circumstances, a parent(s) can sign an affidavit of voluntary relinquishment – but a voluntary affidavit does not terminate the parental rights immediately. A judge must sign a court order before those rights are stripped away.

Who Can Legally File A Termination Of Parental Rights Case?

Either parent can file a termination of parental rights case.

Other people who can file a termination of parental rights case must be specific requirements but can include:

  • Immediate family members of the child
  • Long-term foster parents of a child place by DFPS
  • Prospective adoptive parents
  • Representatives and agencies who might include the guardian of the child or estate, guardian ad litem, a governmental entity, DFPS, a licensed child-placing agency

How Can I Start The Parental Rights Termination Process?

To begin the process, be sure to speak with a family law attorney that can help you understand the steps that need to be taken and important facts to consider. This is not a simple journey and there are several factors that should be addressed. Contact the experienced attorneys at Lasiter & Jackson today!

Is There A Way To Get Emergency Orders?

If you need help immediately, you can ask a judge for a temporary restraining order or temporary custody orders. Temporary orders remain in place until you reach the hearing for the temporary orders. These orders often remain in place until the termination case is complete. If you need help filing emergency orders, a qualified family law attorney can help you.

Is Hiring A Lawyer To Help With A Termination Case Required?

No. you do not have to hire an attorney. However, termination of parental rights cases are complex. Not only are a parent’s rights at risk, but so are their financial rights and obligations. Even if you don’t want to hire an attorney, consulting with a family law lawyer in Phoenix can help you understand your options and your rights. Consulting with a lawyer is significantly helpful when a parent feels threatened, coerced into giving up their rights, fearful of the other parent in the case, and unsure of their rights altogether.

What If My Child’s Other Parent And I Agree On The Terms Of The Parental Rights Termination

As long as the termination order is written to show that the proposed orders are in your children’s best interest, then a judge will often approve an agreed Order of Termination. These cases are considered voluntary termination and are usually over fairly quickly.

If you live in Phoenix and have questions regarding terminating parental rights – we can help you. The professionals at Lasiter & Jackson are highly trained and experienced in Family Law and can help you understand your rights and obligations and how to take the next best step.


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