Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > ARIZONA > Arizona General Prison Talk, Introductions & Chit Chat
Register Entertainment FAQ Calendar Mark Forums Read

Arizona General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Arizona that do not fit into any other Arizona sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

Reply
 
Thread Tools Display Modes
  #1  
Old 03-09-2018, 07:10 PM
Kjz1234 Kjz1234 is offline
Registered User
 

Join Date: Nov 2017
Location: Arizona
Posts: 77
Thanks: 30
Thanked 23 Times in 22 Posts
Default Can anyone give me advice on fighting severed rights

Iím not sure where to post this, but thought it needed to be done in an Az forum as laws can be different in other states- so my friend recently got a letter stating mother wanted to sever fathers rights. What can i do to help him from the outside? Where can i find info? Any advice would be appreciated!!
Reply With Quote
Sponsored Links
  #2  
Old 03-09-2018, 09:02 PM
Fridyrr.Likn's Avatar
Fridyrr.Likn Fridyrr.Likn is offline
Heathen Moderator

PTO Moderator 

 

Join Date: Apr 2013
Location: Casa Grande, AZ
Posts: 3,184
Thanks: 8,658
Thanked 3,983 Times in 1,742 Posts
Default

He needs to file a response for starters. Then they'll go to court and ultimately the judge will decide after hearing both sides.
__________________
KENDRA
Reply With Quote
The Following 2 Users Say Thank You to Fridyrr.Likn For This Useful Post:
Kjz1234 (03-09-2018), xolady (05-06-2018)
  #3  
Old 03-09-2018, 09:04 PM
Kjz1234 Kjz1234 is offline
Registered User
 

Join Date: Nov 2017
Location: Arizona
Posts: 77
Thanks: 30
Thanked 23 Times in 22 Posts
Default

Is he able to present his case? Should i try and print out & send him messages between them where he tried to see his child but was denied?
Reply With Quote
  #4  
Old 03-09-2018, 09:17 PM
Fridyrr.Likn's Avatar
Fridyrr.Likn Fridyrr.Likn is offline
Heathen Moderator

PTO Moderator 

 

Join Date: Apr 2013
Location: Casa Grande, AZ
Posts: 3,184
Thanks: 8,658
Thanked 3,983 Times in 1,742 Posts
Default

Yes he will be able to argue his side. Yes you should get anything you can that would help his case.
__________________
KENDRA
Reply With Quote
  #5  
Old 03-17-2018, 04:23 PM
jordan321's Avatar
jordan321 jordan321 is offline
Registered User
 

Join Date: Mar 2018
Location: Arizona
Posts: 315
Thanks: 107
Thanked 208 Times in 130 Posts
Default

Yes he MUST reply. If he has legal resources have him look up ARS ß8-533(B)
That is the qualifications for termination rights.

She has to send him a certified copy of her petition, and he has 20 week days to file a petition back. His will most likely be phoned in on the court dates.

There will be a mediation first to try to work it all out and then if they can't agree it will go in front of a judge.

He will need to make sure everything "evidence" wise is sent certified copy to her, and usually it needs to be sent to the judge as well and filed, i'm not sure on that part since he is in jail.

He can have witnesses and all that, as long as he gets the correct documentation to do so.
Reply With Quote
The Following User Says Thank You to jordan321 For This Useful Post:
Fridyrr.Likn (03-19-2018)
  #6  
Old 03-17-2018, 04:26 PM
Kjz1234 Kjz1234 is offline
Registered User
 

Join Date: Nov 2017
Location: Arizona
Posts: 77
Thanks: 30
Thanked 23 Times in 22 Posts
Default

Quote:
Originally Posted by jordan321 View Post
Yes he MUST reply. If he has legal resources have him look up ARS ß8-533(B)
That is the qualifications for termination rights.

She has to send him a certified copy of her petition, and he has 20 week days to file a petition back. His will most likely be phoned in on the court dates.

There will be a mediation first to try to work it all out and then if they can't agree it will go in front of a judge.

He will need to make sure everything "evidence" wise is sent certified copy to her, and usually it needs to be sent to the judge as well and filed, i'm not sure on that part since he is in jail.

He can have witnesses and all that, as long as he gets the correct documentation to do so.

Do you mind if i PM you?
Reply With Quote
  #7  
Old 03-17-2018, 04:34 PM
jordan321's Avatar
jordan321 jordan321 is offline
Registered User
 

Join Date: Mar 2018
Location: Arizona
Posts: 315
Thanks: 107
Thanked 208 Times in 130 Posts
Default

I PMd you
Reply With Quote
The Following User Says Thank You to jordan321 For This Useful Post:
Kjz1234 (03-17-2018)
  #8  
Old 03-18-2018, 09:48 AM
Franbake Franbake is offline
Registered User
 

Join Date: Apr 2010
Location: Maricopa, AZ
Posts: 189
Thanks: 317
Thanked 141 Times in 72 Posts
Default

My son went through this several years back and it was very difficult. The State assigned him an attorney who was not qualified in this area of law and he lost his rights. The factors used to decide are pretty much spelled out in the law, but if you had a good argument and a little help to get your case in order, there is a chance. My son had a fairly long sentence and his son was just 2 when he was arrested.
Reply With Quote
The Following User Says Thank You to Franbake For This Useful Post:
Kjz1234 (03-19-2018)
  #9  
Old 03-20-2018, 09:38 AM
Kjz1234 Kjz1234 is offline
Registered User
 

Join Date: Nov 2017
Location: Arizona
Posts: 77
Thanks: 30
Thanked 23 Times in 22 Posts
Default

Does anyone know if the superior court public case lookup shows active family court cases or only past ones?
Reply With Quote
  #10  
Old 03-20-2018, 11:12 AM
Fridyrr.Likn's Avatar
Fridyrr.Likn Fridyrr.Likn is offline
Heathen Moderator

PTO Moderator 

 

Join Date: Apr 2013
Location: Casa Grande, AZ
Posts: 3,184
Thanks: 8,658
Thanked 3,983 Times in 1,742 Posts
Default

Quote:
Originally Posted by Kjz1234 View Post
Does anyone know if the superior court public case lookup shows active family court cases or only past ones?
It shows active cases if the county jurisdiction reports to the website:
https://apps.supremecourt.az.gov/pub...aselookup.aspx

Here's a list of unavailable courts and their information:
https://apps.supremecourt.az.gov/pub...rtsnotinc.aspx
__________________
KENDRA
Reply With Quote
The Following User Says Thank You to Fridyrr.Likn For This Useful Post:
Kjz1234 (03-20-2018)
  #11  
Old 04-10-2018, 07:47 PM
lizlizzie2's Avatar
lizlizzie2 lizlizzie2 is offline
Liz
 

Join Date: Aug 2012
Location: Arizona
Posts: 769
Thanks: 1,672
Thanked 1,208 Times in 467 Posts
Default

Also, keep in mind that termination of rights does not necessarily include termination of child support. It is illegal to give up rights in exchange for that. But if the court is going to terminate his rights, it is something he should address in the final orders.

He should file a motion with the court to appoint him an attorney to represent or at least assist him. Everything will need to be filed with the court and an attorney can do that more easily. There are procedures that must be followed and an attorney can advise him on that also. So even if he can't get counsel appointed to represent him, he may, depending on the local court's attitude, get one to advise him because of the nature of the case and the child's interests are best protected if both parents are on an equal footing. While him being in prison is his own fault, his child should not suffer for that.
Reply With Quote
The Following User Says Thank You to lizlizzie2 For This Useful Post:
Fridyrr.Likn (04-11-2018)
  #12  
Old 04-10-2018, 08:19 PM
Kjz1234 Kjz1234 is offline
Registered User
 

Join Date: Nov 2017
Location: Arizona
Posts: 77
Thanks: 30
Thanked 23 Times in 22 Posts
Default

I have been unable to locate a case on the family case lookup so I’m
Not even sure if anything’s been filed yet. And i haven’t talked to him recently so I’m not sure what’s going on, but thank you for the advice i will definitely pass it along! I know he doesn’t want this and will absolutely pay child support, he’s not trying to get out of that. I will definitely tell him to look into getting an attorney, thank you again!
Reply With Quote
The Following User Says Thank You to Kjz1234 For This Useful Post:
Fridyrr.Likn (04-11-2018)
  #13  
Old 04-12-2018, 09:03 PM
Franbake Franbake is offline
Registered User
 

Join Date: Apr 2010
Location: Maricopa, AZ
Posts: 189
Thanks: 317
Thanked 141 Times in 72 Posts
Default

Quote:
Originally Posted by Kjz1234 View Post
I have been unable to locate a case on the family case lookup so Iím
Not even sure if anythingís been filed yet. And i havenít talked to him recently so Iím not sure whatís going on, but thank you for the advice i will definitely pass it along! I know he doesnít want this and will absolutely pay child support, heís not trying to get out of that. I will definitely tell him to look into getting an attorney, thank you again!

My son was appointed an attorney before he even knew the motion had been filed. As mentioned in my previous post, it was a very poor choice the state made as the attorney was not familiar with this area of law. Also, this would fall under Juvenile court and they are not posted on the court site.
Reply With Quote
The Following 2 Users Say Thank You to Franbake For This Useful Post:
Fridyrr.Likn (04-13-2018), Kjz1234 (04-12-2018)
  #14  
Old 05-06-2018, 01:08 PM
lizlizzie2's Avatar
lizlizzie2 lizlizzie2 is offline
Liz
 

Join Date: Aug 2012
Location: Arizona
Posts: 769
Thanks: 1,672
Thanked 1,208 Times in 467 Posts
Default

Quote:
Originally Posted by Kjz1234 View Post
I have been unable to locate a case on the family case lookup so Iím
Not even sure if anythingís been filed yet. And i havenít talked to him recently so Iím not sure whatís going on, but thank you for the advice i will definitely pass it along! I know he doesnít want this and will absolutely pay child support, heís not trying to get out of that. I will definitely tell him to look into getting an attorney, thank you again!
It may not show up in a case lookup. Matters regarding termination of parental rights if there is already a family law case (such as custody being part of a divorce or family law custody case) will usually show the termination petition if it is filed under that case number. But, if DES/CPS is involved and initiated any type of case to protect a minor child, then it won't show up. Also, what is on the websites varies by county.

On the other hand, it is not uncommon for people to threaten things and then when they find out the cost or the requirements under the law to prove such, to not follow through. Simply being in prison is not enough, depending on the criminal charge. Obviously, sex crimes, murder, and life sentences are enough. But the general stuff that most of Arizona's inmates are convicted of requires more.

In the meantime, Dad needs to work at attempts to maintain a relationship with his child to prevent Mom from having grounds to terminate. Telephone calls, letters, cards - all depending on child's age. Also, depending on age and circumstances he may want to file to make mom bring the child for visitation, which situation is best addressed by a good attorney.

(No I am not an attorney, so I am not advocating for lawyers, but in contested custody and visitation cases, it makes a huge difference.)
Reply With Quote
The Following 2 Users Say Thank You to lizlizzie2 For This Useful Post:
Kjz1234 (05-06-2018), xolady (05-06-2018)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Fighting for our safety and our rights tinder Colorado General Prison Talk, Introductions & Chit Chat 12 10-29-2008 07:41 AM
Need advice ASAP! Another Dad fighting for his parental rights... waiting4myAngel Michigan General Prison Talk, Introductions & Chit Chat 5 09-07-2008 10:11 AM
Are your parental rights severed if you are in prison? justmad Raising Children with Parents in Prison 3 06-10-2005 06:07 PM


All times are GMT -6. The time now is 04:34 PM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics