Parental Right Termination – What You Need To Know

Parental rights termination is not something that should be taken lightly. And the courts in Phoenix, Arizona do not take them lightly.

Children have the right to receive financial support, visitation and communication with both parents until it is determined that it is not in the child’s best interest to have visitation or communication. If visitation and communication prove harmful to the child as in situations of abuse, neglect, or abandonment, the court may decide to terminate parental rights on behalf of the child.

A parent’s inability to provide financial support solely is not a cause to terminate parental rights.

Arizona Revised Statute §8-533(B) provides more detailed information on the grounds for termination. But this list provides an overview of what you need to know.

1. Children that are abandoned, neglected or abused by a parent can be protected by the courts with a movement to terminate parental rights.
2. Children who have parents that have sexually abused, abandoned, or neglected another child can lose parental rights of another child.
3. Involuntary parental right termination of another child can instigate a court to terminate parental rights of another child.
4. Parents who have a history of long-term mental illness or long-term substance abuse (drugs or alcohol) can be deemed unfit as a parent and have parental rights terminated.
5. Failure to provide support and communication/contact with a child is grounds for termination.
6. Relinquishing parental rights to state custody or to an adoption agency terminates parental rights.

These situations do not automatically result in the loss of parental rights. But if these issues cause concern for a child’s well-being, they are reasons to file a motion with the court to determine the best course of action.

If you are involved in a situation that threatens your parental rights, you can reach out immediately to the professional family law attornies at Lasiter & Jackson.

Voluntary Termination Of Parental Rights

The court system is not keen on terminating the rights of a parent that belong to a child. Simply, one cannot terminate their parental rights to avoid paying child support. For voluntary termination of parental rights to happen, there is typically a situation in which the child is being adopted by someone, or another adult is taking on the responsibility of the child and the support that child needs.

This situation often occurs when a step-parent wants to adopt a child that has a long-term absent parent. The absent parent can voluntarily relinquish their rights to allow the step-parent to adopt the child.

During adoptions, birth parents sign waivers relinquishing their parental rights so that the adopting family can take on that responsibility and obligation.

Contact Lasiter & Jackson in Phoenix today to learn more about your personal situation and how we can help you.

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