In Re Term of Parental Rights as to B.W.
572 P.3d 88
Ariz.2025Background
- B.W. was born in 2015 to separated parents; their relationship and co-parenting was contentious.
- In 2015, B.W.’s father (Father) shot and killed a man during a confrontation at his home; Mother was a key witness in the criminal case against Father.
- On his criminal attorney’s advice, Father ceased all contact with Mother and B.W., fearing contact would be viewed as witness tampering.
- Father was charged with murder in 2016, but for most of the six years before trial (when he was acquitted in 2021), he was not incarcerated.
- In 2022, after Father sought parenting rights, Mother filed to terminate his parental rights for abandonment under Arizona law, and the court agreed after a hearing; termination was affirmed on appeal.
- The Arizona Supreme Court reviewed the case to clarify the meaning/applicability of "just cause" within Arizona’s statutory abandonment presumption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What constitutes "abandonment" under A.R.S. § 8-531(1)? | Father failed to maintain contact for years | He acted on legal advice to avoid prejudice | Abandonment can be rebutted by showing just cause |
| What is the legal effect of the “just cause” exception? | Just cause is not a true exception to abandonment | Just cause is an exception and a defense | Just cause is an exception that defeats abandonment |
| Whether Father’s reliance on legal advice was “just cause”? | Father had legal routes he failed to pursue | He reasonably relied on criminal counsel | Remand to determine if reliance was reasonable just cause |
| Did the lower courts apply the correct legal standard? | Lower court properly evaluated facts | Lower court misapplied just cause standard | Remanded for application of clarified just cause standard |
Key Cases Cited
- Michael J. v. Ariz. Dep't of Econ. Sec., 196 Ariz. 246 (Ariz. 2000) (sets out requirements for parental effort in maintaining relationships)
- Brionna J. v. Dep’t of Child Safety, 255 Ariz. 471 (Ariz. 2023) (addresses standard of review in parental rights termination)
- Jessie D. v. Dep’t of Child Safety, 251 Ariz. 574 (Ariz. 2021) (reinforces evidentiary standards and constitutional interests in parental rights)
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (emphasizes constitutional protection of parental rights and due process in termination cases)