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.
Unmarried natural parents had resided in California for about 6 months,
before the mother began to travel back and forth between California and
Arizona. Upon an event that warranted a call to DCS, the children were placed
in the Grandparents care. DCS alleged Father had neglected and abandoned the children.
Pursuant to mediation the father was required to complete parenting classes,
substance abuse treatment, and take a “rule out” drug test in California..
Father however did not visit the children in Arizona, as he feared their strict
laws on illegal immigrants, because he was an undocumented.
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
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