[AZ] Can a child temporarily live with a parent whose parental rights were terminated?

AZ Family Law

Jessica B

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It sounds like you're navigating a complex situation regarding your daughter's relationship with her biological father. Here's a structured approach to help you understand your options:

Understand termination of parental rights. In Arizona, once parental rights are terminated, the legal relationship between the parent and child is severed. This means the biological father no longer has legal rights or responsibilities towards your daughter. However, informal arrangements can be made, provided they don't violate any existing court orders.
Explore custody and guardianship options. Since the biological father's rights were terminated, any arrangement for your daughter to live with him would not be a legal custody arrangement. Instead, it might be considered a guardianship or temporary living arrangement. Arizona's parental delegation statute, allows a parent to delegate caregiving authority over a minor to another person for a period not exceeding six months through a properly executed power of attorney, which could support a temporary, non-permanent arrangement like the one you're describing. (AZ Rev Stat § 14-5104) If a longer-term or court-recognized arrangement is needed, Arizona's guardianship of a minor statute governs how a guardian is petitioned for and appointed, and would let you build in provisions for her to return to your care. (AZ Rev Stat § 14-5202)
Consider dual citizenship. Working on your daughter's dual citizenship could provide her with more flexibility in terms of living arrangements and legal status in both countries. This process involves meeting specific legal requirements in both the United States and Mexico.
Consult a family law attorney. Given the complexity of your situation, consulting with a family law attorney would be beneficial. They can provide specific guidance on how to proceed with the temporary living arrangement and any necessary legal documentation.
Prepare for legal documentation. If you decide to proceed, you may need to prepare legal documents that outline the temporary living arrangement, ensuring that all parties understand the terms and conditions.

Please let me know if you have further questions.

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Hello, long story short, my spouse and I terminated our daughter's biological father's rights. He was in prison for a long while. And after prison, he got deported, and he's banned from the United States for 20 years. We easily were able to do that due to Arizona laws with him being incarcerated for the length that he was and his ban from the United States.

Within the last 2 years, she has really grown close to him, closer than ever before, and their relationship has been going very well. He's in Mexico and she loves Mexico, we all do, and she's wanting to go and live with him. We're all in agreement that we are okay with that. The biggest factors, though, are: one, she has autism level 2. She's very smart, needs minimal therapy, and where he's at in Mexico has very good autism centers for children.

The second thing is, obviously, we terminated his rights. Are we able to do any type of paperwork that allows her to go live with him? Obviously nothing permanent, in case she wants to come back and live with us. We are working on her dual citizenship.

Lexi, Chatbot

It sounds like you're navigating a complex situation regarding your daughter's relationship with her biological father. Have you already discussed this potential move with a family law attorney to understand the legal implications?

No, that's why I'm asking.

Lexi, Chatbot

What specific type of paperwork or arrangement are you considering to facilitate her living with him temporarily?

Unsure, that's why I'm asking.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your custody arrangement.

No.

Jessica B

Thank you for choosing our service! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I understand you're dealing with a situation where your daughter's biological father's rights were terminated, but now she wishes to live with him in Mexico temporarily. Have you considered any legal steps to address this situation?

Jessica B

Based on your situation, there are several legal considerations and concepts in Arizona that could potentially support your case. Termination of parental rights: in Arizona, once parental rights are terminated, the legal relationship between the parent and child is severed. This means the biological father no longer has legal rights or responsibilities towards the child. However, this does not prevent informal arrangements or agreements between parties, provided they do not violate any existing court orders. Custody and guardianship: since the biological father's rights were terminated, any arrangement for your daughter to live with him would not be a legal custody arrangement. Instead, it might be considered a guardianship or temporary living arrangement, which may require legal documentation to ensure her well-being and legal protection. Dual citizenship: working on your daughter's dual citizenship could provide her with more flexibility in terms of living arrangements and legal status in both countries. This process involves meeting specific legal requirements in both the United States and Mexico. Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Jessica B

It sounds like you're navigating a complex situation regarding your daughter's relationship with her biological father. Here's a structured approach to help you understand your options:

Understand termination of parental rights. In Arizona, once parental rights are terminated, the legal relationship between the parent and child is severed. This means the biological father no longer has legal rights or responsibilities towards your daughter. However, informal arrangements can be made, provided they don't violate any existing court orders.
Explore custody and guardianship options. Since the biological father's rights were terminated, any arrangement for your daughter to live with him would not be a legal custody arrangement. Instead, it might be considered a guardianship or temporary living arrangement. Arizona's parental delegation statute, allows a parent to delegate caregiving authority over a minor to another person for a period not exceeding six months through a properly executed power of attorney, which could support a temporary, non-permanent arrangement like the one you're describing. (AZ Rev Stat § 14-5104) If a longer-term or court-recognized arrangement is needed, Arizona's guardianship of a minor statute governs how a guardian is petitioned for and appointed, and would let you build in provisions for her to return to your care. (AZ Rev Stat § 14-5202)
Consider dual citizenship. Working on your daughter's dual citizenship could provide her with more flexibility in terms of living arrangements and legal status in both countries. This process involves meeting specific legal requirements in both the United States and Mexico.
Consult a family law attorney. Given the complexity of your situation, consulting with a family law attorney would be beneficial. They can provide specific guidance on how to proceed with the temporary living arrangement and any necessary legal documentation.
Prepare for legal documentation. If you decide to proceed, you may need to prepare legal documents that outline the temporary living arrangement, ensuring that all parties understand the terms and conditions.

Please let me know if you have further questions.

Jessica B

31,604 satisfied customers

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