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Child Abuse & Neglect

Questions & Answers

Question: My daughter's father has abandoned her for the last 6 years. Can I file for termination of parental rights and how do I do so.

Answer:

You may indeed request termination of parental rights, and it sounds like abandonment would be one reason to cite. The Arizona laws that deal with this subject can be found between A.R.S. 8-531 and 8-544. In particular, A.R.S. § 8-534 lists all of the things you must include in your petition. Even when it is perfectly justified, a termination request is a serious matter, so read the laws carefully, and strongly consider consulting with an attorney who specializes in these and other juvenile matters.

You will discover during your review that there are some pretty specific rules about giving notice to all interested parties, and how the hearing should be conducted. As an aside, you should specifically ask your attorney about the procedural rules at trial (A.R.S.§ 8-537) that change effective January 1, 2007. They pertain to findings made by a judge versus a jury, and the timing of your petition may make all the difference.

November 19, 2006

Comments

On 9/10/07
Marisela said
When a 21 yr old gets a 16 yr old pregnant and denies having fathered a baby, 5 yrs later he wants to be a father what is one to do to stop and avoid this as charges were filed against him at the time yet the Grand Jury dropped the charges.

On 7/9/07
Nadean said
last summer we found out about a child who has a mother who just takes off all the time she stuck my husband with 25 grand back support and wants him to give up his rights as the childs dad. Cause we have never seen the child ever. How much can we do

On 7/2/07
Nichole said
I have joint custody with my x of our 2 boys, He sporadically pays child support, but rarely sees the kids, It has been a year this week since he has called, seen, or even written to the kids. Does that constitute abandonment?

On 5/31/07
Hughe said
my husband has a custody case with his ex and she's no where to be found. She has not spoke or seen her child for a year 1/2. Can we still file for abandonment even though we can not find her and serve her?

On 5/21/07
Sue said
What if a father abandoned his children for over 10 years but still paid child support?

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