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Question: How do I terminate parental rights in the state of Arizona?
I reside in Arizona; I was married but am divorced now. My ex-husband had many problems, mental, drugs, and alcohol. There was violence in the relationship I had 2 restraining orders against him. Once he was in jail for threatening and intimidating when we lived with my mom, he shot to a wall near my home and was taken to jail for it , his mental issues began when he was found running naked on an intersection , the court knows all this that’s why I was granted sole custody and he got supervised visits with our 3 year old at the time, my son now has 5 years old, and his father got incarcerated that same year divorced was dissolved for sexual assault and kidnapping against a 15 year old he will be released in 2021 how can I get his rights terminated with my son , his mom is our intervenor.
Answer:
You would be able to start a Termination proceeding in Juvenile court to terminate father’s rights. The termination of rights is obviously a very serious matter and not done lightly. There must be a determination that there is a basis for termination, for instance, abandonment by father (generally defined as the failure to provide reasonable support and no regular contact with the child for at least 6 months). There are circumstances where incarceration would warrant termination. You should immediately seek the advice of an attorney familiar with the termination of parental rights statute.
Good luck!
Patrick Sampair
The Sampair Group, PLLC
Offices Valley-Wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ
West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333
To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at Sampair Group.
