Monday, September 14, 2015

Family Law Service Learning Case Summaries - Summer Term 2015 - Marissa Johnston

Family Law Service Learning Case Summaries - Summer Term 2015 - Marissa Johnston



Family Law Case Summary

Student Name: Marissa Johnston

Link for opinion: Opinion obtained from WestlawNext is as follows:

JONES, Judge:

“Angel S. (Father) appeals the trial court's order terminating his parental rights to A.S. (Child) on grounds of abandonment and time in out-of-home care. As we find the trial court did not abuse its discretion, we affirm.”

Title: Arizona: Undocumented Deadbeat Father Fight For Rights

The Arizona Court of Appeals held in Angel v. Department of Child Safety, 237 Ariz. 132 (2015). That a father who has not established a normal parent-child relationship with his two children, and has not seen them in two years constitutes abandonment, and parental rights should be terminated.

In March 2013, Child's guardian ad litem filed a motion to terminate Father and Mother's parental rights. The motion alleged two grounds for termination as to Father: (1) Father had abandoned Child; and (2) Child had been in an out-of-home placement for more than nine months, and Father had substantially neglected or refused to remedy the circumstances causing Child to be in the out-of-home placement.

In early 2014, Father testified he had desired to have the children live with him and that he had, secured housing and intended to remain in Arizona (despite previous immigration concerns.) However, the trial court determined that the GAL had proven two of the three statutory grounds for termination alleged in her severance motion—abandonment and out-of-home placement for a period of at least fifteen months—and found termination would be in Child's best interests. Accordingly, the trial court terminated Father's parental rights to Child.

The Father appealed, but ultimately the Court of Appeals affirmed the lower court’s decision.


Labels for the post: child visitation, abandonment, undocumented parent, DCS



No comments:

Post a Comment