Termination of Parental Rights and Adoptions

Arizona Termination of Parental Rights Lawyers

At the law firm of Warner Angle Hallam Jackson & Formanek, PLC, we are experienced in assisting individuals involved in all types of adoptions, including interstate adoptions, grandparent adoptions and step-parent adoptions. We guide individuals through the adoption process, including the termination of parental rights, if necessary.

To meet with a Phoenix adoption attorney about your case, e-mail us or call us at (602) 264-7101.

The first step is to obtain a termination of the biological parent's parental rights.

Before the adoption is approved, there must be grounds for a termination of parental rights. Pursuant to A.R.S. § 8-533, a Petition for Termination of Parental Relationship must show that the termination is in the child's best interests and at least one of the following:

• A parent has abandoned the child.
• A parent has neglected or willfully abused the child.
• A parent has mental illness, mental deficiency or history of chronic abuse of dangerous drugs, controlled substances or alcohol. There must be reasonable grounds to believe that the condition will continue for prolonged and indeterminate period.
• A parent is convicted of a felony. The felony should prove the unfitness of that parent to have future custody and control of the child, or the sentence should be of such length that the child would be deprived of a normal home for a period of years.
• The potential father failed to file a paternity action within thirty days of completion of service of notice.
• The father failed to file a Notice of Claim of Paternity.
• The parents have relinquished their rights to a child to an agency or have consented to the adoption.
• The child is being cared for in an out of home placement under the supervision of the juvenile court.
• The identity of the parent is unknown following three months of diligent efforts to identify and locate the parent.
• The parent has had parental rights to another child terminated within two years for the same cause and cannot currently raise a child.

Contesting a Petition for Termination of Parental Rights

After the petition has been filed, the Juvenile Court sets an initial hearing to determine whether or not the petition is being contested.

If the Petition is contested, then the Court will hold a Termination Adjudication Hearing. In most instances, the Court appoints an attorney to represent the child's legal interests, as well as a best interest attorney to represent the child's "best interests." Additionally, the Court may appoint an attorney for either of the parents contesting the termination if that parent is unable to afford an attorney of their choice.

At the Termination Adjudication Hearing, the Court determines whether at least one of the grounds for termination has been proven and whether the termination is in the child's best interests.

Filing for Adoption

If a parent is successful in obtaining the termination of parental rights, then the parent can proceed to file a Petition for Adoption in Juvenile Court.

Once you file a Petition for Adoption, a social or home study will help determine whether the adoption is in the minor child's best interests. In addition, a person must be certified as acceptable to adopt children. An investigation is conducted that reviews the adoptive parent's fitness to adopt children, including:

• A complete social history
• Financial condition of the applicant
• Moral fitness of the applicant
• Religious background of the applicant
• Physical and mental condition of the applicant
• Whether there has been any court adjudication of child abuse, abandonment or dependency against the applicant
• Criminal history of the applicant

If the prospective adoptive parent is a stepparent of the child or is an uncle, aunt, adult sibling, grandparent or great-grandparent of the child, the pre-certification process is unnecessary.

Once a prospective adoptive parent obtains the certification, the Court sets the matter for an Adoption Hearing.

Completing the Adoption Process

The entire process from the Petition to Terminate Parental Relationship through the adoption takes approximately six months depending upon the Juvenile Court's calendar. Upon completion of the Adoption, the child gets a new birth certificate with the adoptive parent's name listed as a biological parent. Additionally, the child's last name may be changed to the last name of the adoptive parent.

Contact Warner Angle Hallam Jackson & Formanek, PLC

For more information on the termination of parental relationship and adoption process, contact our family law firm at (602) 264-7101 to schedule a complimentary consultation. We will thoroughly answer any additional questions you have concerning these court proceedings.