Full question:
I have a 10 month old grandaughter and her mother left at 5 months to go to anouther town and drink and party. the baby has been with us from day one and she spent little time with the baby before she left. now she wants the baby. both parents sighned the baby over and we have gaudianship, the mother does not drive has no money and a alcahol problem, is bipolar and wants the baby. we dont want her to have the baby and fear for her safty. what can we do to ensure she stays with us. we live in arizona the father lives near by and is a part of the babys life to. the baby is very well cared for and happy.
- Category: Paternity
- Subcategory: Termination of Parental Rights
- Date:
- State: Arizona
Answer:
If the mother does not consent to adoption, her parental rights may be terminated through voluntary relinquishment or judicial termination. Judicial termination requires proof that the mother is unfit or poses a threat to the child's safety. The court can terminate parental rights if it finds clear and convincing evidence of conduct that endangers the child's well-being or if the parent has a history of abuse or neglect.
In your case, the mother’s alcohol problem, bipolar disorder, and lack of financial stability may support a claim of unfitness. The court will consider the best interests of the child when making its decision. As guardians, you can file a petition for termination of parental rights, citing the mother's abandonment and inability to care for the child due to her mental health and substance abuse issues.
It’s advisable to consult with a local attorney who can help you navigate this process and ensure that you present a strong case to the court. For more information on the relevant Arizona statutes, see A.R.S. § 8-533 and A.R.S. § 8-534.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.