Jose M. v. Eleanor J., 234 Ariz. 13

S.M. was born in 2006 to Father and Mother; DES paternity and support action filed in 2009.
Father stipulated to paternity; no attempt to establish parenting time; Mother assigned support rights to State.
In 2012, Father sought parenting time; Mother filed July 2012 to terminate Father's rights and requested consolidation.
Mother testified to minimal contact by Father since birth; Father testified to a close relationship but lack of access due to Mother.
Court found abandonment based on financial and parental presence; potential adoption by Mother's fiancé alleged; remanded.
Appellate court vacates abandonment finding due to misstatements about child support and Father’s efforts; remands for redetermination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether abandonment was proven by clear and convincing evidence	Father argued no abandonment; had some efforts to maintain contact.	Mother argued Father withheld presence and support; abandonment established.	Abandonment vacated; remand for redetermination.
Whether severance is in S.M.'s best interests	Severance would benefit through adoption by fiancé and stability.	Severance necessary for stability and permanency due to adoption plan.	Best interests analysis moot pending abandonment remand; court may revisit.

Stanley v. Illinois, 405 U.S. 645 (U.S. 1972) (fundamental parental rights protected)
Kent K. v. Bobby M., 210 Ariz. 279 (Ariz. 2005) (clear-and-convincing standard; best interests)
Mary Lou C. v. Ariz. Dep’t of Econ. Sec., 207 Ariz. 43 (Ariz. 2004) (best-interests balancing; preponderance evidence)
Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (Ariz. 2000) (abandonment measured by conduct, not intent)
Anonymous v. Anonymous, 25 Ariz.App. 10 (Ariz. App. 1975) (typical abandonment conduct standard)
Ariz. Dep’t of Econ. Sec. v. Oscar O., 209 Ariz. 332 (Ariz. 2004) (adoption plan as potential benefit in severance)