In Re Term of Parental Rights as to A.R. and B.R.
1 CA-JV 24-0175
Ariz. Ct. App.May 6, 2025Background
- Bryan L. (Father) appealed the termination of his parental rights to his children, A.R. and B.R., by the Mohave County Superior Court.
- Father was incarcerated for most of B.R.’s and all of A.R.’s lives; he saw B.R. once as an infant and never met A.R.
- The children had frequent contact with their paternal grandparents but little to no direct relationship with Father during his incarceration.
- After some virtual visitation was ordered, both children expressed discomfort and lack of connection with Father, stating that he felt like a stranger.
- Mother petitioned for termination in 2024, alleging abandonment and lengthy incarceration as grounds.
- The juvenile court found clear and convincing evidence of abandonment and incarceration warranting termination, and determined it was in the children's best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due Process: Notice & Defense | Insufficient notice of best interests grounds in petition | Sufficient notice provided; evidence of harm disclosed in advance | Father waived claim; no due process violation |
| Statutory Grounds: Abandonment | Maintained relationship via family, not truly abandoned | Father's contact was limited, indirect, and lacked support/visitation | Evidence supported abandonment; termination affirmed |
| Effect of Prior Visitation Order | Prior order allowing visitation precludes contrary finding | Child's interests can change; best interests are not static | No preclusion; changed facts justified best interests finding |
| Ineffective Assistance of Counsel | Counsel failed to introduce evidence of relationship | All relevant evidence/testimony was presented; no prejudice | No ineffective assistance; no impact on outcome |
Key Cases Cited
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (2000) (clarifies abandonment and parental rights termination standards, including impact of incarceration)
- Alma S. v. Dep’t of Child Safety, 245 Ariz. 146 (2018) (totality of circumstances governs best interests in severance determinations)
- Kent K. v. Bobby M., 210 Ariz. 279 (2005) (upon finding of abandonment, presumption that parent and child interests diverge)
- Maricopa Cnty. Juv. Action No. JS-500274, 167 Ariz. 1 (1990) (clarifies benefit/harm test for best interests in termination)