Parental Rights & Obligations

questions & answers

Question: My daughters father has now seen her since dec 2011 when she was only 2 months old. He does not ask or attempt visits i do have sole custody, can i ask a judge to take away his rights?

Answer: Under Arizona law, “[a]ny person or agency that has a legitimate interest in the welfare of a child, including, but not limited to, a relative, a foster parent, a physician, the department of economic security or a private licensed child welfare agency, may file a petition for the termination of the parent-child relationship alleging grounds contained in subsection B of this section.” A.R.S. 8-533(A). When a petition to terminate a parent-child relationship is filed, a court will only terminate the parental rights if at least one of eleven justifications for termination listed in A.R.S. 8-533(B) are met and the judge believes it is in the child’s best interests to terminate the relationship. The eleven justifications include abandonment, neglect or abuse, inability to fulfill parental responsibilities because of mental illness, the conviction of a felony showing unfitness for parenthood – such as murder, or consent to adoption. See A.R.S. 8-533(B) for the complete list of justifications.

QUESTIONS

  • My daughters father has now seen her since dec 2011 when she was only 2 months old. He does not ask or attempt visits i do have sole custody, can i ask a judge to take away his rights?

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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