Phoenix Parental Rights Attorneys

When Can Paternal Rights Be Terminated? 

Parental rights can be terminated voluntarily or involuntarily. Voluntary termination occurs when a parent relinquishes their rights, such as in adoption cases. Involuntary termination can occur if the court finds that a parent abandoned the child, failed to provide financial support, engaged in abuse or neglect, or is otherwise unfit. 

Termination permanently ends the legal relationship between the parent and the child, including custody, visitation, and decision-making authority. With such high stakes, consulting with our experienced advocates is critical to avoiding lasting legal consequences and remaining actively involved in your child’s upbringing.

Can Parental Rights Be Restored After Termination?

Parental rights can be reinstated only under limited circumstances (A.R.S. § 8-547). While termination is generally permanent, the parent may file a petition for reinstatement if at least two years have passed, the child is not adopted, and the parent can prove that they remedied the issue(s) leading to the termination. Our attorneys have a deep understanding of these complexities to present a compelling argument on your behalf and pursue the best possible outcome. 

What Constitutes an Unfit Parent?

An unfit parent is generally defined as being unable to provide a safe and nurturing environment for their child. A parent may be deemed unfit for various reasons under A.R.S. § 8-533. Some possible scenarios include:

• Abandonment
• Domestic violence
• Substance misuse
• Incapacity or illness
• Child abuse or neglect
• Repeated foster care placements
• Felony conviction or incarceration 

What Is the Role of the Department of Child Safety (DCS) in Parental Rights Cases?

The Department of Child Safety (DCS) is the state agency responsible for investigating reports of child abuse or neglect. In parental rights cases, the DCS may assess allegations, provide services to families, and seek temporary or permanent removal of a child from the home in certain situations. 

While the primary goal of DCS is to protect children, its involvement can affect your parental rights, custody, and visitation, making it crucial to seek legal counsel. Our attorneys can guide you through investigations, hearings, and legal processes while safeguarding your parental rights at every turn.

Can a Parent Relocate with a Child?

Relocating with a child is subject to certain restrictions if the move would substantially affect the other parent’s parenting time. In most cases, the petitioning parent must provide “advanced written notice” to the other parent within 45 days if they are moving out of state or more than 100 miles within Arizona (A.R.S. § 25-408). Our lawyers can evaluate whether the proposed move meets statutory requirements, draft and respond to relocation notices, and work diligently to protect your family’s future.

Don’t leave your parental rights to chance by failing to secure representation. Call (602) 878-3133 to schedule a consultation with our parental rights lawyers.