Basic Facts About Termination of Parental Rights (Severance)
- A parent cannot terminate his or her own parental rights.
- A person who has a legitimate interest in the welfare of a child may petition the court for a severance of termination of parental rights.
- A termination of parental rights is different from “custody”, parenting time, or legal decision making. It is an end to the legal relationship between the parent and the child(ren).
- Child support DOES NOT STOP with a severance or termination of parental rights, unless or until an adoption occurs.
- To have parental rights terminated, or severed, the Petitioner must prove a “ground”, which is a reason why the rights should be terminated. Grounds are listed in Arizona Revised Statutes Section 8-533(B). In addition, the Petitioner must prove that it is in the best interests of the child(ren) to have the rights of the parent terminated.
- A parent can voluntarily “relinquish” parental rights, but this cannot be done IN EXCHANGE for any promise, such as the abatement of child support arrears.
Process for Filing a Petition to Terminate Parental Rights
- You must file a Petition to Terminate with the court.
- An Initial Hearing will be set on your Petition.
- You must serve the parent with the Petition.
- At the Initial Hearing the parent must appear. If the parent does not appear it is likely the rights will be terminated at that hearing.
- If the parent does appear, an attorney will be appointed for the defending parent, and the child(ren), and a mediation and status hearing will be set.
- You must hire a court-approved neutral social worker to complete a home-study on the family, at your own expense.
- If no settlement is reached, a trial will be set at the status hearing.
- The Petitioner does not get an attorney appointed to prosecute the Petition at the trial.
- The Petitioner must prove one or more ground(s) at the trial by Clear and Convincing evidence. The Petitioner must also prove by a preponderance of the evidence that it is in the child’s best interests for the severance to be granted.
How to Defend Your Parental Rights
- Make sure you attend any and all hearings in your case. If you are not sure when a hearing is, call the courthouse and ask.
- Cooperate and participate in the social study.
- Get legal advice to ensure your parental rights are protected.