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Termination of Parental Rights in Tucson, AZ

Compassionate Representation You Can Count On

Attorney Jane Jacobs

Basic Facts About Termination of Parental Rights (Severance)

  1. A parent cannot terminate his or her own parental rights.
  2. 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.
  3. 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).
  4. Child support DOES NOT STOP with a severance or termination of parental rights, unless or until an adoption occurs.
  5. 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.
  6. 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

  1. You must file a Petition to Terminate with the court.
  2. An Initial Hearing will be set on your Petition.
  3. You must serve the parent with the Petition.
  4. 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.
  5. 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.
  6. You must hire a court-approved neutral social worker to complete a home-study on the family, at your own expense.
  7. If no settlement is reached, a trial will be set at the status hearing.
  8. The Petitioner does not get an attorney appointed to prosecute the Petition at the trial.
  9. 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

  1. 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.
  2. Cooperate and participate in the social study.
  3. Get legal advice to ensure your parental rights are protected.
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