Kimberly Staley
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Why might parental rights be terminated in divorce?

If there's one thing typically common amongst most people in Arizona and elsewhere who end their marriages in court, it's that if children are involved, challenges regarding custody and visitation may arise. In fact, in some situations, a central focus of divorce proceedings is whether a particular person should have his or her parental rights terminated. Every state has its own regulations regarding involuntary termination of a parent's rights.

If parental rights are indeed terminated, the legal relationship between a child and the parent immediately ceases. The court is generally supportive of shared parenting arrangements, motivated by the fact that children who have ample time with both parents following divorce fare best. However, children's best interests are always of paramount concern to the court, and if a parent poses a detriment to a child, it may be necessary to terminate his or her rights.

That said, there are many situations where one parent tries to get back at another during divorce proceedings, and he or she may make false accusations in an attempt to keep the other parent from seeing his or her children. It's up to the court to review such situations in order to determine if there is validity to a particular allegation. Parents who believe false allegations have been asserted may reach out for support to protect parental rights.

Abuse, abandonment, failure to support, substance abuse and several other issues may be determining factors in the court's decision to terminate a person's parental rights. Any Arizona parent concerned with such problems may find it helpful to talk to a family law attorney. This would be a first logical step to take to rectify a parental rights or other divorce issue.

Source: FindLaw, "Terminating Parental Rights", Accessed on July 10, 2017

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