RICHARD M. v. PATRICK M., et al.; 1 CA-JV 19-0288
Apr 02, 2020OUTCOME: Upheld
Richard M. appealed a court order terminating his parental rights pursuant to ARS 8-533(B)(5). He did not argue that the court had erred in finding that the grounds of 8-533(B)(5) were proven by clear ... and convincing evidence, but rather he only argued that the lower court erred and denied him due process when it prohibited him from participating in the best interests portion of the termination hearing. The appellate court held that because he failed to file a paternity action within 30 days of receiving notice, via personal service, of a planned adoption (the Potential Father's Notice pursuant to A.R.S. 8-106(G)) he was not a party to the termination proceeding for that child. Therefore the lower court had not erred and he was not denied due process.
