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J.D.S. v. SUPERIOR CRT., CNTY. OF MARICOPA

No. 1 CA-SA 94-0054.

182 Ariz. 98 (1994)

893 P.2d 749

J.D.S. and J.L.S., his minor child, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Pamela J. Franks, a judge thereof, Respondent Judge, G.H. and K.H., Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

As Corrected June 22, 1994.

Attorney(s) appearing for the Case

David L. Rose P.C. by David L. Rose, Phoenix, for petitioner.

Jennings, Strouss & Salmon, P.L.C. by Rita A. Meiser, James M. Ackerman, Robert D. Haws, Phoenix, for real parties in interest.

Ann M. Haralambie P.C. by Ann M. Haralambie, Tucson, for amicus curiae Arizona Council of Attys. for Children.

Charles G. Ollinger, III, Paradise Valley, for amicus curiae Family & Friends in Support of Divorce Reform, Inc.

OPINION

WEISBERG, Presiding Judge.

J.D.S. ("the father") petitions for relief from the trial court's ruling that Arizona lacked jurisdiction over custody proceedings and its order quashing his Writ of Habeas Corpus. We accept jurisdiction and grant relief.

FACTS AND PROCEDURAL HISTORY

Petitioner is the unwed father of a child born on August 8, 1993. Although never married, the biological parents had previously lived together. Prior to the...

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