Angel B. v. Vanessa J.
234 Ariz. 69
Ariz. Ct. App.2014Background
- N.B. was born in California in 2008; parents divorced in California and had a California custody order.
- Mother relocated with N.B. to California and later to Arizona without notifying Father or California court.
- Arizona petition to terminate Father’s parental rights was filed in 2012 based on abandonment.
- Arizona court conducted a 2013 severance trial and terminated Father’s parental rights.
- The court recognized potential UCCJEA issues and remanded to determine whether Arizona or California is the proper forum for severance jurisdiction.
- The opinion concludes UCCJEA applies to private severance proceedings and directs remand for jurisdictional determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arizona or California has jurisdiction under UCCJEA to address severance | Father contends California was the home state and had original jurisdiction. | Mother’s position is that the case should follow the out-of-state order unless UCCJEA requires Arizona review. | Remand to determine which state has proper jurisdiction. |
| Application of UCCJEA to severance proceedings | UCCJEA should govern severance as a ‘child custody proceeding.’ | (Not explicitly stated in opinion; implied compatibility with UCCJEA.) | Court holds that UCCJEA applies to severance proceedings. |
| Effect of exclusive, continuing jurisdiction and exceptions under UCCJEA | Arizona cannot modify an out-of-state order unless exceptions apply. | California retained exclusive jurisdiction unless relinquished or Arizona proves convenient forum. | Remand necessary to evaluate whether California relinquished or Arizona is a more convenient forum. |
| Remand options and proceedings on remand | Record may show California relinquished or retained jurisdiction; remedy available. | If California retains, Arizona lacks jurisdiction over severance. | Remand to determine California’s status and jurisdictional posture; merits not addressed. |
Key Cases Cited
- Melgar v. Campo, 215 Ariz. 605 (App. 2007) (UCCJEA purposes and home-state/continuing jurisdiction principles)
- State v. Phelps, 67 Ariz. 215 (1948) (duty to review jurisdiction; lack thereof leads to dismissal)
- Kim v. Mansoori, 214 Ariz. 457 (App. 2007) (duty to review jurisdiction; UCCJEA framework)
- Donald W. v. Ariz. Dep’t of Econ. Sec., 215 Ariz. 199 (App. 2007) (finality concerns in severance; jurisdictional remand relevance)
- Goodman v. Samaritan Health Sys., 195 Ariz. 502 (App. 1999) (avoid constitutional grounds where dispositive)