Arizona Severance of Parental Rights Lawyers in Phoenix

Let Our Attorneys Explain Severance of Parental Rights in Arizona

Knowing how much our children mean to us, few legal situations are more serious than the severance of parental rights.

Whether you are a parent facing termination, a relative seeking adoption, or you’re simply someone trying to understand your options, knowing how Arizona law approaches these cases is critical.

The Arizona severance of parental rights attorneys at Gillespie, Shields, & Taylor are ready to provide the guidance you need with each aspect of this complex process.

What is Severance of Parental Rights in Arizona? 

In Arizona, severing parental rights (also called terminating parental rights) permanently ends the legal relationship between a parent and a child. 

Once parental rights are terminated, the parent generally no longer has the legal rights that Arizona provides, including legal authority, parenting time, decision-making power, or even the right to contact the child. 

As a result of the severance of these rights, that child is now free to be adopted by someone else.

Because these consequences are so significant, Arizona courts only approve the termination of parental rights if there is clear and convincing evidence that it is necessary.

When Is It Necessary to Terminate Parental Rights in Arizona?

Arizona courts prioritize the best interests of the child when making decisions, including those involving the severance of parental rights. 

Thus, a parent’s rights may have to be terminated for the child to receive the care they need. This is true in both types of cases, where the termination of parental rights is voluntary and involuntary. 

For example, a parent who wishes to give their child up for adoption voluntarily severs their rights in order for the child to be cared for by their adoptive parents. This contrasts with a parent who has their child removed by the Department of Child Safety (DCS) due to abuse or neglect. In either case, the severance of parental rights allows the child to receive the care they need.

Arizona Revised Statute § 8‑533 details a wide variety of legal grounds for terminating a parent-child relationship. These include:

Adoption by a stepparent or relative
If a stepparent wants to adopt a child, the other biological parent’s rights usually must be terminated first. This ensures the adoptive parent becomes the child’s full legal parent.

Chronic abuse or neglect
When a parent repeatedly fails to provide safe care, and rehabilitation efforts have failed, termination may be considered to protect the child.

Abandonment
If a parent has had little to no contact with the child for an extended period and has not provided support, the courts may consider abandonment as grounds for severance of parental rights.

Long-term substance abuse or mental health issues
If ongoing issues prevent safe parenting and improvement is unlikely in the foreseeable future, termination of parental rights may be sought.

Incarceration
Extended incarceration that prevents a parent from fulfilling their duties can form the grounds of parental rights severance. 

Permanent guardianship or stability needs
When a child has lived with relatives or foster caregivers for years, and permanency is necessary, parental rights termination may precede adoption.

Failure to establish paternity
This may occur because the potential father failed to file the required notice of claim of paternity, or that he failed to file a paternity action within the thirty day window allowed under Arizona law. 

Unknown identity of the parent
Following three months of diligent efforts to identify and locate the parent, a parent’s rights may be legally terminated. 

Sexual assault of one parent by another
If one parent committed a sexual assault against another parent and a child was conceived as a result of the sexual assault, then the victimized parent may petition for severance of parental rights so long as there is clear and convincing evidence of the assault.

In every case, the court weighs not just parental shortcomings but also whether severance benefits the child’s stability, safety, and emotional well-being. 

The Phoenix severance of parental rights lawyers at Gillespie, Shields & Taylor have helped countless Arizona families understand the laws surrounding their case. Let us provide you with the legal clarity you need to create the best outcome for your family.

The Parental Rights Severance Process in Arizona

For over forty years, our parental rights lawyers have helped Arizona families through the complex process of having parental rights severed. 

While each case differs, the general process involves: 

1. Filing a petition
A private individual (such as a stepparent) or the state files a petition alleging grounds for termination.

2. Notice and service
The parent whose rights may be terminated must receive formal legal notice, which includes being served with the petition, Notice of Initial Hearing, and the court order for parental rights termination.

They must also be given an opportunity to respond. Service must be completed at least 10 days before the initial hearing if served within Arizona, or 30 days before if served outside the state.

3. Social study requirement
Unless waived by the court, the petitioner must obtain a social study under Arizona Revised Statute § 8-536. The study evaluates the child’s circumstances, parental history, proposed plans for the child, and whether termination is in the child’s best interests.

4. Initial hearing
The court addresses scheduling, representation, and procedural matters. In state-initiated cases, parents often have the right to court-appointed counsel.

5. Evidentiary trial
Evidence and testimony are presented, including the social study mentioned above. Because this involves a relationship between parent and child, there must be clear and convincing evidence presented that the termination of parental rights is in the best interest of the child.

6. Court decision
Once all the previous steps are fully followed, the judge will issue findings regarding the statutory grounds and the best interests of the child. 

7. Appeal period
If it is an involuntary termination of parental rights, the parent may have the right to appeal the decision within 30 days from the entry of the final judgment or order.

It’s important to note that these cases move faster than many civil matters because courts aim to avoid prolonged uncertainty for children.

Thus, having Gillespie, Shields & Taylor’s experienced severance of parental rights attorneys is crucial to meet all requirements within a short time, as well as handle any unexpected issues along the way.

How to Get Your Parental Rights Back in Arizona 

As you can see from the process outlined above, terminating parental rights is not something taken lightly in Arizona. Thus, termination is permanent in most cases 

However, Arizona House Bill 2486 allows for the restoration of parental rights, even after they have been terminated. This bill is particularly useful in cases involving older children in the foster system, especially if the child has not been adopted and is 12 or older.

Additionally, there are also limited exceptions or alternative scenarios to restoring parental rights.

For example, an appeal may be successful if it is made within the 30-day period and procedural or legal errors are identified. A successful appeal may reverse or modify the court’s decision.

Additionally, there may be issues with the adoption. So if an adoption fails before it is finalized, a court might revisit parental rights.

While restoration is rare and typically requires exceptional circumstances, having our Phoenix severance of parental rights attorneys on your side will allow you to maximize your chances of restoring your rights as an Arizona parent.

Considerations Before Terminating Parental Rights

When parental rights are terminated, many people’s entire lives may be upended. As a result, cases involving the severance of parental rights are emotionally taxing for everyone involved.

For example, parents may feel grief or fear, caregivers may feel urgency to secure stability, and children often experience confusion or divided loyalties. 

Thus, it’s important to take time to understand both what to expect and how to prepare.

Counseling or family therapy
Whether you’re soon to be a former parent or a new foster parent, the process can create a new role in life, with major consequences as a result. That’s why our attorneys recommend counseling and family therapy in order to provide the professional help that everyone involved will likely need.

Clear communication appropriate to the child’s age
Each situation involving the severance of parental rights is different. But no matter what, the child or children involved need to understand what’s happening in a way that they can process. Having a trusted counselor or therapist guiding these conversations can be invaluable for the long-term health of each child.

Coordinating with schools and healthcare providers
The family arrangement is rarely the only change that results from the termination of parental rights. There are other important factors to consider, such as how the child can benefit from the support offered at their school.

Healthcare providers also should be a continual part of the process, since they will be able to monitor both physical well-being and work in tandem with any mental-health practitioners to care for the child’s changing health needs.

Child support and financial obligations
Termination usually ends future child support obligations because the legal parent-child relationship ends.

However, this is not the case for past-due child support.

That being said, adoption by another adult typically shifts the legal financial responsibility from the previous parents to the adoptive parents.

Thus, each financial issue should be evaluated carefully before agreeing to voluntary severance.

The parental rights attorneys at Gillespie, Shields & Taylor are ready to help in a variety of ways, whether that’s providing legal guidance or helping your family receive the practical guidance you need.

What Arizona Parents Facing Termination Should Do Immediately

Because Arizona prioritizes the best interests of the child, the courts will quickly move forward with cases involving severance of parental rights. 

Our Arizona parental rights attorneys have outlined these important steps to take if you’re an Arizona parent facing this situation: 

Quickly seek experienced legal counsel
Timing is critical with parental rights cases, with short deadlines for responses and narrow windows of appeals.

Thus, it’s essential to get proven legal counsel on your side to help you with the many steps you need to take to protect your parental rights.

The attorneys at Gillespie, Shields & Taylor have been helping parents like you since 1985 and are ready to provide the responsive help you need.

Engage in DCS services
If the Department of Child Services offers ways to assist you, it’s important that you accept them to show you are making an effort to improve your family life and abilities as a parent. These may include parenting classes or substance abuse treatment. 

Document progress
To show that you are trying to improve the homelife for your child, it’s important to keep records that can be used as evidence for hearings. This may include records of employment, housing stability, counseling, and parenting involvement.

Maintain appropriate contact
To best care for the emotional well-being of your child and to show your involvement as a parent, it’s important to maintain any contact with your child as allowed by the state.

Understand the allegations
The process surrounding the termination of parental rights is complex. Know the specific statutory grounds being claimed in order to address them directly.

Our Phoenix parental rights attorneys are ready to help with each step listed above, along with taking other steps to ensure you get the best possible outcome for your family.

Get Proven Help from our Phoenix Parental Rights Attorneys

Whether you are seeking termination to provide stability through adoption or defending against termination to preserve your relationship with your child, having legal help you can trust is crucial.

Let the Phoenix severance of parental rights lawyers at Gillespie, Shields & Taylor help you understand the law, the process, and your options. 

We’ll also help you act early, document circumstances, and obtain evidence that can make a significant difference in the outcome of your case.

Experienced Phoenix Parental Rights Lawyers 

Parental rights termination cases involve complex Arizona statutes, strict evidence standards, and profound personal consequences.

Knowing all that you and your family are facing, having our experienced Arizona parental rights lawyers on your side can make all the difference for both you and your family.

Let us evaluate grounds and defenses, gather and present evidence effectively, navigate DCS or private petition procedures, protect your rights, and help you with appeals.

Contact Our Phoenix Severance of Parental Rights Attorneys

Regardless of the details behind your parental rights termination case, the Phoenix parental rights attorneys at Gillespie, Shields, & Taylor are ready to provide the legal help you need.

Trust us to help you navigate each step of the process, help you understand Arizona law, and provide the legal guidance needed to get the best outcome possible for you and your family.

Call us at 602-870-9700 for our Phoenix location, or 480-985-4000 for our Mesa location.

Or fill out our contact form.