In re Termination of Parental Rights as to Z.R. — Arizona appeals court upholds denial of father’s termination

Case
In re Termination of Parental Rights as to Z.R.
Court
Arizona Court of Appeals, Division One
Judge
D. Steven Williams (Doug Ducey, 2019); Michael S. Catlett (Doug Ducey, 2022); Andrew M. Jacobs (Katie Hobbs, 2023)
Date Decided
September 30, 2026
Docket No.
1 CA-JV 24-0181
Topics
parental-rights termination; abandonment; parenting time; child’s best interests
Source
Read the full opinion

Background

Mother twice sought to terminate Father’s parental rights to their daughter. Her first petition resulted in a 2021 termination order entered while Father was absent, but the juvenile court later set that order aside and dismissed the petition after Father asserted that he had not signed the purported consent documents or been served. The court of appeals affirmed that ruling in an earlier appeal.

Mother then amended her petition and alleged abandonment. Following a 44-day hearing, the juvenile court found that Mother had persistently and substantially restricted Father’s contact with Child. It concluded that Father had just cause for any lapse in the parent-child relationship and denied termination. Mother and Child appealed.

The Court’s Holding

The Arizona Court of Appeals affirmed. Reasonable evidence supported the juvenile court’s finding that Father did not abandon Child because Mother repeatedly blocked or delayed his efforts to exercise parenting time and to reunify with Child, while Father actively pursued his legal rights. Under Arizona law, that interference supplied just cause for Father’s lack of a normal parental relationship.

The court also held that Mother’s later family-court agreements independently foreclosed a best-interests finding favoring termination. In those agreements, Mother and Father stipulated that Child’s best interests were served by a meaningful relationship with Father, joint legal decision-making, and a phased parenting-time plan. The court declined Mother’s additional challenges concerning post-petition evidence, rebuttal limits, an expert-disclosure issue, and a requested adverse inference.

Key Takeaways

  • A parent cannot establish abandonment by substantially restricting the other parent’s access to the child and then relying on the resulting lack of contact.
  • Active litigation to restore or enforce parental rights can support a finding of just cause for limited parent-child contact.
  • A parent’s binding family-court stipulation that contact with the other parent is in the child’s best interests can defeat a parallel claim that terminating that parent’s rights is in the child’s best interests.

Why It Matters

The decision applies Arizona’s abandonment doctrine to a lengthy, high-conflict private termination dispute and emphasizes deference to the juvenile court’s credibility and fact findings. It also treats family-law stipulations about parenting time and a child’s best interests as consequential in a related termination appeal.

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