Ricardo R. v. Maria A.
1 CA-JV 17-0007
| Ariz. Ct. App. | Jul 11, 2017Background
- Father and Mother are biological parents of two daughters (born 2006, 2007); parents never married. Father is serving a federal/state (Minnesota) felony sentence beginning in 2013 with an anticipated release in 2026.
- Mother and the children live in Arizona with Mother’s husband (Stepfather); children have lived with Stepfather for ~7 years and view him as a father figure. Stepfather intends to adopt.
- In Aug. 2015 Mother petitioned to terminate Father’s parental rights based on abandonment and felony imprisonment for a period of years. At adjudication Father admitted incarceration since June 2013 and limited prior contact since 2012.
- Father claimed attempts to send support/letters early in incarceration and asserted potential for clemency and institutional programs that could allow visits or earlier release. He has provided no financial support during incarceration.
- The superior court terminated Father’s rights under A.R.S. § 8-533(B)(4) (felony imprisonment for a period of years) and found termination was in the children’s best interests; Father timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Father’s felony imprisonment is a statutory ground for termination under A.R.S. § 8-533(B)(4) | Mother: Father’s long sentence and lack of meaningful contact/deprivation of a normal home supports termination | Father: Court failed to articulate sufficient factual findings; he contends he attempted contact/support and may obtain early release or visits | Court: Affirmed — clear and convincing evidence supports that the length/location of incarceration and sparse pre-incarceration relationship deprived the children of a normal home for years; findings adequate on the record |
| Whether termination is in the children’s best interests | Mother: Children benefit from adoption by Stepfather; family cohesion, emotional and financial stability will result | Father: Continued parental relationship and possible future contact/support outweigh adoption benefits; court lacked detailed findings | Court: Affirmed — preponderance of evidence shows children are bonded to Stepfather, adoption is planned, and severance will benefit children |
Key Cases Cited
- Kent K. v. Bobby M., 210 Ariz. 279 (sets standard for proving statutory ground and best interests)
- Michael J. v. Ariz. Dep’t of Econ. Sec., 196 Ariz. 246 (articulates factors for evaluating length-of-incarceration ground)
- Jordan C. v. Ariz. Dep’t of Econ. Sec., 223 Ariz. 86 (deference to superior court factfinding in severance cases)
- Ruben M. v. Ariz. Dept. of Econ. Sec., 230 Ariz. 236 (requirements for sufficient findings of fact and conclusions)
- Mary Lou C. v. Ariz. Dep’t of Econ. Sec., 207 Ariz. 43 (best-interests standard: termination must affirmatively benefit the child)
- Demetrius L. v. Joshlynn F., 239 Ariz. 1 (adoptive plan/adoptability can support best-interests finding)