Background
R.H. was born in 2017. Following the parents’ 2018 divorce, Father’s parenting time was ordered to be supervised because of violent behavior, and he was ordered to pay child support. Father later stopped complying with the supervision requirement. In 2019, he was arrested on sexual-assault and voyeurism charges, and his pretrial release conditions barred contact with children for three years.
Father was convicted in 2022 and sentenced to 14 years’ imprisonment, with a projected release date in 2037. Mother petitioned in 2025 to terminate his parental rights for abandonment and the length of his prison sentence, alleging that her fiancé, later husband, intended to adopt R.H. The juvenile court terminated Father’s rights on both grounds.
The Court’s Holding
The Arizona Court of Appeals affirmed on abandonment. Although Father argued that his release conditions, Mother’s victim-status protections, and her lack of communication with his relatives supplied just cause, the court held that reasonable evidence supported the finding that he failed to maintain a parental relationship. He never sought modification of his release conditions, pursued enforcement of parenting time, challenged or sought modification of Mother’s no-contact injunction, sent R.H. a letter or gift, or paid child support.
The court also held that Mother did not wrongfully interfere with Father’s relationship with R.H. by asserting her rights as a crime victim. It affirmed the best-interests finding because Stepfather testified that he intended to adopt R.H. Since abandonment independently supported termination, the court did not address the sentence-length ground.
Key Takeaways
- A parent claiming just cause for lack of contact must still take available steps to preserve the parental relationship.
- A crime victim’s lawful restrictions on contact do not constitute wrongful interference sufficient to defeat abandonment.
- Evidence that a stepparent intends to adopt may support a best-interests finding.
Why It Matters
The decision underscores that incarceration and contact restrictions do not alone excuse abandonment when a parent has legal avenues to seek limited contact or otherwise maintain a relationship. In termination cases, courts focus on the parent’s concrete efforts to support and communicate with the child.