Michael M. v. Katie A., E.O.
1 CA-JV 16-0443
| Ariz. Ct. App. | Aug 15, 2017Background
- Child E.O., born 2007; parents unmarried. Father was incarcerated intermittently from 2007 onward and remained incarcerated through the severance proceedings. Mother remarried Stepfather; family household provided E.O. a stable home.
- Mother filed to sever Father’s parental rights in 2013, initially alleging long-term incarceration; later amended to abandonment and substance-abuse–related inability to parent.
- Superior court first found abandonment but concluded severance was not in E.O.’s best interest; appellate court vacated and remanded twice for reconsideration of best interest in light of controlling precedent.
- On final remand (Oct. 2016), the superior court again found abandonment and concluded severance was in E.O.’s best interest because Stepfather was meeting E.O.’s needs, an adoption plan existed and was likely, and severance would provide permanency and stability.
- Father appealed, arguing (1) Mother prevented contact, (2) insufficient evidence of abandonment, (3) best-interest finding overemphasized Stepfather’s marriage, (4) severance would harm child’s ties with grandparents, and (5) Demetrius L. should not apply retroactively.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether Father abandoned E.O. under A.R.S. § 8-533(B)(1) | Father made only minimal efforts to support and communicate; family-maintained contact insufficient—grounds for abandonment | Mother prevented contact by ending visits with grandparents and therefore Father did not truly abandon | Court held sufficient evidence of abandonment: Father delegated contact to relatives, failed consistent support/visitation, incarceration not a defense |
| Whether severance is in E.O.’s best interest | Stepfather provides stable, secure home; adoption likely; severance promotes permanency and protects child’s stability | Severance overvalues Stepfather’s marital status and would disrupt E.O.’s relationship with grandparents | Court held severance is in best interest: stable home, likely adoption, protection of child’s stability outweighs parental bond |
| Whether Demetrius L. applies retroactively to this case | Demetrius L. clarifies existing best-interest law and should apply | Father argued retroactive application was improper and inequitable | Court applied Demetrius L. retroactively, finding no new unforeseeable principle and no inequitable result |
| Whether grandparents’ loss of relationship prevents severance | Grandparents’ ties are important but they could pursue visitation under § 25-409(C) before severance | Father argued severance would unjustly terminate grandparents’ relationship with E.O. | Court acknowledged grandparents’ interest but held it did not bar severance; they had statutory route to seek visitation |
Key Cases Cited
- Demetrius L. v. Joshlynn F., 239 Ariz. 1 (clarified that a current stable placement plus a legally possible and likely adoption can support best-interest severance)
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (incarceration is not a per se defense to abandonment; focus on parent conduct)
- Calvin B. v. Brittany B., 232 Ariz. 292 (parent who vigorously asserted legal rights and sought court-ordered parenting time is distinguished from minimal-contact scenarios)
- Jose M. v. Eleanor J., 234 Ariz. 13 (vacated best-interest finding where mother curtailed contact and then sought severance in response to father’s efforts)
- Kent K. v. Bobby M., 210 Ariz. 279 (standards for severance: clear and convincing grounds and best-interest preponderance)
- Frank R. v. Mother Goose Adoptions, 239 Ariz. 184 (abuse-of-discretion standard on review of severance)
- Mary Lou C. v. Ariz. Dep’t of Econ. Sec., 207 Ariz. 43 (prior authority recognizing adoption as a best-interest consideration)
- Audra T. v. Ariz. Dep’t of Econ. Sec., 194 Ariz. 376 (supporting precedent on stability and adoption as best-interest factors)