questions & answers

Question: I am divorced and sole custody of my 2 daughter ages 5 & 7. In my divorce it stipulates I do not have to if form my ex-husband of any thing regarding the girls even a move. He does not even get parenting time of any kind. I do allow supervised visits for the girls's sake as lang as he is sober at the time.He does not pay his child suport. My question is what rights does he have over the girls and how do I terminate his parental rights? so one day my futer husband can adopt them?

Answer:

You may want to begin by reviewing the article titled “Things you should know about Custody and Parenting Time” and review the questions. Either parent may request in writing that the court modify a custody order. To change an existing order it must be shown that the best interests of the child are served. The factors can include and are not limited to such things as the wishes of the parents, the child's wishes, how the child interacts with each parent and any other children in the family, the health of each person involved, the child's adjustment to home, school and community, which parent mainly has provided care for the child in the past and which parent is more likely to allow the child to have frequent and meaningful contact with the other parent. The court also must consider whether there has been domestic violence in the family, drug or alcohol use by a parent or other circumstances that may endanger the child's physical, mental, emotional or moral health. The court will presume that an award of custody to a parent who committed an act of domestic violence is contrary to the child's best interests. The modification request is filed with the Clerk of the Superior Court and a fee for filing is charged; however, there are limitations on requesting a modification. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the child's physical, mental, emotional or moral health. You can obtain additional statutory information regarding child custody under Title 25 of the Arizona Revised Statutes. For information concerning termination of parental rights please refer to A.R.S. § 8-539. You can also find additional information on this website about Child Custody, Visitation, and Parental Rights and Obligations. The ability to move your children out of state can be very fact specific, depending on the facts of your divorce decree.

You may want to speak with an attorney to find out what procedures you must follow if you wish to move out of state with your children.For information regarding adoption please refer to the article titled Adoption. This article will provide you an overview and a summary of Arizona adoption statutes.