Arizona law outlines several legal “grounds” for terminating parental rights. The court must find at least one of these statutory grounds, and also determine that termination is in the best interest of the child.
Here’s what parents need to know about each ground.
1. Abuse or Neglect (ARS § 8-533(B)(2))
If a parent has abused or severely neglected a child—or failed to protect them from someone else who did—the court may find that the parent is unfit.
This includes:
- Physical or emotional abuse
- Exposure to domestic violence
- Failure to provide adequate supervision
2. Abandonment (ARS § 8-533(B)(1))
A parent is considered to have abandoned a child if they:
- Have not had regular contact for 6 months or more
- Fail to provide support or demonstrate intent to parent
- Do not maintain a relationship despite being able to
Even if the parent lives out of state or is incarcerated, abandonment can still be found.
3. Mental Illness or Substance Abuse (ARS § 8-533(B)(3))
If the parent suffers from a mental illness, disability, or addiction that renders them incapable of parenting—and the condition is unlikely to improve—this may support termination.
Medical records, expert testimony, and a history of DCS involvement often play a role here.
4. Prior Termination of Rights to a Sibling (ARS § 8-533(B)(10))
If a parent has had rights terminated to another child and has not addressed the underlying issues, the court can use that prior case to support TPR for a current child.
5. Length of Out-of-Home Placement (ARS § 8-533(B)(8))
If a child has been in out-of-home care for:
- 6 months for children under age 3
- 9 months for older children
—and the parent hasn’t made progress toward reunification, the court may terminate rights.
What “Best Interests” Means
Even if a ground is proven, the court must still ask: Would termination benefit the child?
This may involve:
- Emotional stability with a current caregiver
- Opportunities for adoption
- Reduced trauma or conflict
If you are at risk of losing your parental rights, early legal intervention is key. The attorneys at Modern Law can help you build a defense, advocate for services, and protect your family.
