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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5766
Experience:  20 years of professional experience
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I am having an issue with my baby's mother. We have had

Customer Question

Hi there, I am having an issue with my baby's mother. We have had severe issues since the beginning, she has harassed and stalked myself and my loved ones, caused constant court appearances, (many of which have been dismissed, but more still which I have
to attend and fight.) Most recently she is insisting that my son undergo an unnecessary surgery despite several doctors saying he does not need it. I love my son, as I love all of my children, but dealing with her mother is an impossible task. I am depressed,
I am losing weight, I cant sleep, and my other children and other family are suffering, my job is suffering, etc. Furthermore, I am concerned for the baby's physical well being and mental health, should this behavior continue- in addition to the current issue
with the surgery, she has lost custody of her older children already and had cases pertaining to them thrown out of court after having them lie, had them physically participate in her fabrications, including multiple unsubstantiated calls to DES alleging abuse,
etc. I would like to either a) Take full custody of my son, which I understand is a long and process-intensive process to involuntarily relieve a parent of custody. (Though she has already lost custody of her older two children and receives only weekend visits,
I believe that may not be a factory we can consider?) or b) Give up custody of him completely. Is it possible for me to divest myself of parental rights? If I have to pay child support, (and probably more, I understand,) that is only a financial factor, and
I think that at this point it is a stop-loss to preserve the sanity and well being of myself, my family, and my career. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

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Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms.

1. Getting custody could be, as you acknowledge, a long drawn out process. Would you hire a lawyer to do that or try to do that yourself?

Customer: replied 1 year ago.
I would probably hire a lawyer, but would prefer not to.
Expert:  Maverick replied 1 year ago.

b) Give up custody of him completely. Is it possible for me to divest myself of parental rights?

HERE is the AZ law under which a person can apply to terminate parental rights. Notice that there is no real provision for you to relinquish parental rights unilaterally unless you are giving the child up for adoption.

a) Take full custody of my son, which I understand is a long and process-intensive process to involuntarily relieve a parent of custody. (Though she has already lost custody of her older two children and receives only weekend visits, I believe that may not be a factory we can consider?)

Using the same law, you can apply to terminate her parental rights using one or more of the following reasons:

2. That the parent has neglected or wilfully abused a child. This abuse includes serious physical or emotional injury or situations in which the parent knew or reasonably should have known that a person was abusing or neglecting a child.

3. That the parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period.

10. That the parent has had parental rights to another child terminated within the preceding two years for the same cause and is currently unable to discharge parental responsibilities due to the same cause.

At this link are some sample forms you can use as a go-by to get started if the above criteria seem to apply.

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