Legal Question in Family Law in Arizona

Re: How long does it take for father to lose rights to child?

Thank you for your inquiry. Termination of parental rights is a little more complicated than how long the parent goes without seeing the child. In order to file a petition to terminate, you have to be able to show (1) that the parent abandoned or abused the child; and (2) that it is in the child's best interests to have the parent's rights terminated. Abandonment is generally considered 6 months of failure to maintain contact/failure to support. However, even if abandonment is established, the "best interests" portion seems to prefer that there is a step-parent planning to adopt the child.

I hope this information has been useful.

Sincerely,

Monica H. Donaldson

[email protected]

Re: How long does it take for father to lose rights to child?

Sent 3/4/2003

Under Arizona law, 6 months of no contact and no support can constitute "abandonment", which can then provide a basis for the other parent to seek a termination of Father's parental rights. There are other issues involved, though. I can explain the procedures and issues better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). Please call me directly to discuss the specifics of your case. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com