Q: How can I restore my parental rights and regain custody in Arizona?
I signed over my parental rights for my son due to his disabilities and the lack of necessary medical care in our area. I was promised that this would allow me to regain custody of my daughter, but that never happened. I have always been capable of caring for my children. How can I start a legal case to restore my parental rights and regain custody of my children?
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A:
You're carrying a lot of heartache, and it’s clear that you made a painful choice with your son's best interest in mind. In Arizona, once parental rights are terminated—especially through voluntary consent—it becomes very difficult to restore them. However, in rare situations, if you can prove that the termination was based on misinformation, coercion, or a broken promise (like being told it would help regain custody of another child), the court may consider reviewing the circumstances.
To begin, you can file a petition with the court explaining why you believe your rights should be reinstated. You’ll need to present strong evidence that you were misled, that your current situation is stable, and that restoring your rights is in your children’s best interests. Keep a record of your living situation, mental and physical health, employment, and any ongoing efforts you've made to stay involved in your children's lives. If your daughter was never returned to you as promised, that detail may hold weight.
Even though the legal road may be steep, your persistence and love for your children matter. You’re allowed to fight for them and for the chance to rebuild your family. Taking this step shows you’re ready to be heard—and ready to stand up for the bond that still exists between you and your children.
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