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 § 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 nonetheless found that his was not barred by A.R.S. § 25-409. . 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.

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