My parental rights were terminated. Can I file to get custody of my children back under A.R.S. § 25-409?

Yes, you can, provided your situation meets all the requirements of A.R.S. § 25-409(A) and (B). This was the situation in Hustrulid v. Stakebake, 516 P.3d 18 (Ariz. Ct. App. 2022) where the biological father’s rights were terminated and the children were adopted by his sister. Despite express its reluctance to do so, the Court of Appeals nonetheless found that his petition was not barred by A.R.S. § 25-409. Id. at 23-24 ¶ 14. If you do file, though, be aware that because your parental rights were terminated, the Courts may look skeptically at your petition.

Good People.
Great Results.

Our award-winning team of professionals deliver
the outcomes our clients need.

Don't Take Our Word For It,
See What Our Clients Have To Say.

Contact State 48 Law

We offer in-person, video, and phone consultations.

North Scottsdale Office

14500 N Northsight Blvd Ste 313, Scottsdale, AZ 85260

East Valley Office

3133 W Frye Rd, Ste 101, Chandler, AZ 85226