If you are looking for legal representation to terminate your parental rights and move them to another family member, please contact our family law team. You can give us a call at (480) 467-4348 or fill out a form online. Show
Voluntary Termination of Parental RightsArizona law clearly states that parents have a natural right to parenting time, legal decision-making, visitation, and communication with their child. Parents also have an obligation to pay child support, which is entirely separate from parental rights. A parent has the right to request that his or her parental rights be terminated, but it takes a court order to approve the termination of parental rights in Arizona. There’s no hard-and-fast rule for approvals, but there are three situations that may result in a judge’s stamp of approval:
If you believe it’s in your child’s best interests to sign over your parental rights to a family member, the first step is to consult with a family law attorney. With your attorney’s assistance, you can file a motion for termination of parental rights in conjunction with the family member’s adoption request. Keep in mind, however, that you cannot regain your parental rights once they have been terminated. Should you change your mind down the road and decide that you want to regain custody of your child, you would need to legally adopt the child, and the family member with custody of the child would need to sign their parental rights over to you. This can be extremely difficult to do when you previously convinced a judge that you’re unfit to care for the child. If you are unable to care for your child right now but do not want to permanently lose custody of your child, speak with an attorney about appointing a family member to serve as the child’s guardian. A legal guardian can take custody of the child, and will have all of the necessary rights, privileges, and obligations to care for them until you are fit to resume caring for the child down the road. Involuntary Termination of Parental RightsMost of the time, termination of parental rights is done involuntarily by court order (meaning the parent objects or cannot be found). In these cases, the court is forced to take immediate action to protect the child and ensure they are properly cared and provided for. In Arizona, there are 11 circumstances that can lead to involuntary termination of parental rights:
If the state moves to terminate your parental rights based on one of these conditions, you will need to work with an experienced family law attorney to defend your parental rights. In many cases, there are ways to ensure that the child’s best interests are preserved without stripping you of your parental rights. Termination of Parental rights and Child supportParental rights and a parent’s obligation to pay child support are two separate matters. Failure to pay child support doesn’t automatically result in a parent losing their parental rights, and the termination of a parent’s rights doesn’t automatically mean that his or her child support obligation is also terminated. It’s possible to terminate both, but only when doing so is in the best interests of the child. Generally speaking, a judge will only remove a child support order under two conditions:
If a judge rescinds a child support order and removes the obligation to pay child support going forward, the order only applies to future child support payments—it does not eliminate unpaid child support. Any child support arrears would still need to be collected or settled with the state, or you will be subject to child support enforcement remedies. Call the Family Law Team at (480) 467-4348 to discuss your case today. Arizona Family Law +-
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Contact Our Family Law TeamCall (480) 467-4348 or fill out the form to schedule your consultation and discuss your best legal options. How long does a father have to be absent to lose his rights in Idaho?Federal Adoption and Safe Families Act (ASFA) requires and Idaho law imposes a rebuttable presumption that the Department must move for termination of parental rights if a child has been in custody for 15 of the last 22 months.
How much does it cost to terminate parental rights in Texas?You should contact the court clerk and ask. In Tarrant County, for example, you must pay $315.00. In Dallas County, you will pay $318.00. In Harris County, the fee is $267.00.
How long does a father have to be absent to lose his rights in Wisconsin?You have failed to visit or communicate with your child for: three months or longer after your child has been placed, or continued in a placement, outside your home by a court order. six months or longer after leaving your child with any person, and you know or could discover the whereabouts of your child.
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