Termination of parental rights in Arizona can happen in two distinct ways: voluntarily or involuntarily. Understanding the differences helps parents make informed decisions about their rights, obligations, and future options.
What Is Voluntary Termination?
Voluntary TPR occurs when a parent chooses to give up their parental rights—typically to allow someone else to adopt the child, such as a step-parent or relative.
This process requires:
- A signed, notarized consent form
- Court approval after a hearing
- A finding that termination is in the child’s best interests
Voluntary TPR is most commonly used in:
- Step-parent adoptions
- Private adoptions
- Situations where the parent is absent or unable to care for the child
Important: Voluntary termination does not release the parent from past child support obligations unless explicitly waived.
What Is Involuntary Termination?
Involuntary TPR happens when the court finds the parent:
- Abused, neglected, or abandoned the child
- Failed to support or maintain a relationship
- Has a chronic substance abuse problem or mental illness
- Was previously convicted of a serious crime involving a child
In these cases, termination is forced by the court, often at the request of DCS, another parent, or a guardian.
The court must find clear and convincing evidence that at least one statutory ground exists and that termination is in the child’s best interest.
Key Differences
| Factor | Voluntary TPR | Involuntary TPR |
| Initiated by | Parent | DCS, co-parent, or court |
| Consent Required | Yes | No |
| Court Hearing | Required | Required |
| Best Interests Standard | Must still be met | Must be proven by petitioner |
| Reversible? | Extremely rare | Extremely rare |
Whether you’re considering voluntary termination or facing involuntary action, Modern Law can help you understand your rights and make the best decision for your family.
