parental termination but able to keep grandparents?

[Fatherof1]

What is the name of your state (only U.S. law)? Arizona

I am currently going through the process of terminating my ex-wifes parental rights. We had our first court hearting. The judge gave us both lawyers, and I called a social study. I was wondering, is there any way I can terminate my ex-wifes parental rights but keep my daughter from losing her maternal grandparents?

 

[Proserpina]

What is the name of your state (only U.S. law)? Arizona

I am currently going through the process of terminating my ex-wifes parental rights. We had our first court hearting. The judge gave us both lawyers, and I called a social study. I was wondering, is there any way I can terminate my ex-wifes parental rights but keep my daughter from losing her maternal grandparents?

You can allow your child to see her maternal grandparents no matter what - who you expose your child to is your business.

Out of curiosity though, what are the grounds for the TPR?

 

[Fatherof1]

I mean legally can she keep them.

She had our daughter from 08-09. During that time she and her boyfriend left bruises on her, neglected her, they were doing heroin and leaving her to do whatever she wanted. She was 5 at the time. Also there is some sexual abuse causes from her boyfriend. So we went to court and the judge ordered her to take a 6 week parenting class and a drug assessment. That was at the end of 09 that the judge ordered that. She is able to call our daughter but has not done so since the middle of 09 when I got her.

So we had our first hearing for the termination. She called to do a telephonic hearing. The judge gave us both a lawyer. I called a social study that will be coming to my house next week. Our next hearing is not till May. So this is going to be a long process.

So back to my original question. My daughter's maternal grandma is upset that she will legally lose her granddaughter and wanted to know if there was any way just the mother could lose her rights

 

[Proserpina]

I mean legally can she keep them.

She had our daughter from 08-09. During that time she and her boyfriend left bruises on her, neglected her, they were doing heroin and leaving her to do whatever she wanted. She was 5 at the time. Also there is some sexual abuse causes from her boyfriend. So we went to court and the judge ordered her to take a 6 week parenting class and a drug assessment. That was at the end of 09 that the judge ordered that. She is able to call our daughter but has not done so since the middle of 09 when I got her.

So we had our first hearing for the termination. She called to do a telephonic hearing. The judge gave us both a lawyer. I called a social study that will be coming to my house next week. Our next hearing is not till May. So this is going to be a long process.

So back to my original question. My daughter's maternal grandma is upset that she will legally lose her granddaughter and wanted to know if there was any way just the mother could lose her rights

The grandmother doesn't HAVE any legal rights to her grandchild at the moment, hence she has none to lose. Any contact she currently has is only because the parents (ie, you) allow contact.

I think what she's probably asking is, can she perhaps get legal visitation rights if her daughter's parental rights are terminated.

What are YOUR feelings on it?

 

[Fatherof1]

The grandmother doesn't HAVE any legal rights to her grandchild at the moment, hence she has none to lose. Any contact she currently has is only because the parents (ie, you) allow contact.

I think what she's probably asking is, can she perhaps get legal visitation rights if her daughter's parental rights are terminated.

What are YOUR feelings on it?

My daughter and her are very close. I would never stop them from having contact. She was just asking me questions that I didn't know the answers to.

So are you familiar with terminating a parents rights?

 

[Proserpina]

My daughter and her are very close. I would never stop them from having contact. She was just asking me questions that I didn't know the answers to.

So are you familiar with terminating a parents rights?

Well, she has no inherent rights to see her granddaughter. In order to get specific and enforceable rights she would have to sue you in court (or, have you agree and file a stipulation with the court) for visitation.

TPR is rarely as easy or clean-cut as the petitioning parent realizes; the courts are generally reluctant to terminate a parent's rights unless there are very compelling reasons to do so (extreme abuse, neglect, abandonment, endangerment etc.,) .

 

[mistoffolees]

Well, she has no inherent rights to see her granddaughter. In order to get specific and enforceable rights she would have to sue you in court (or, have you agree and file a stipulation with the court) for visitation.

Exactly. HOWEVER, I would encourage OP NOT to get a court order for grandparent's rights. OP is free to let the grandparents see the child any time he wishes right now. But if the relationship gets bad or the grandparents become a problem later on, it will be much harder to keep them away if there's a court order.

TPR is rarely as easy or clean-cut as the petitioning parent realizes; the courts are generally reluctant to terminate a parent's rights unless there are very compelling reasons to do so (extreme abuse, neglect, abandonment, endangerment etc.,) .

Here are the statutory reasons in AZ:
Grounds for Termination of Parental Rights Arizona -

However, note that in many states, even if something is listed in the statutes as grounds for parental termination, the court is allowed to do so, but doesn't have to. As you've said, terminating parental rights is difficult in most states.

 

[ElvinMelvin]

What is the name of your state (only U.S. law)? Arizona

I am currently going through the process of terminating my ex-wifes parental rights. We had our first court hearting. The judge gave us both lawyers, and I called a social study. I was wondering, is there any way I can terminate my ex-wifes parental rights but keep my daughter from losing her maternal grandparents?

Let me turn this on its head a little to perhaps clarify.

If you are successful in terminating the ex's parental rights, then you will be the sole arbiter of who gets to associate with your daughter.

Your ex will not be able to block you from allowing your daughter to see her maternal grandmother. That decision will be entirely up to you.

Should you, in the future, decide that you no longer want your daughter to associate with the maternal grandmother, then said grandmother will likely have standing to petition the court to challenge your decision.