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J.D.S. v. FRANKS

No. CV-94-0148-SA/PR.

182 Ariz. 81 (1995)

893 P.2d 732

J.D.S.; and J.L.S., a minor child, Petitioners, v. The Honorable Pamela J. FRANKS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, G.H. and K.H., Real Parties in Interest, Pamela G. Wiens, guardian ad litem for the minor child, Intervenor.

Supreme Court of Arizona, En Banc.

April 11, 1995.

Attorney(s) appearing for the Case

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

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

Pamela G. Wiens, Guardian ad litem, Phoenix, for minor child — intervenor.

Grant Woods, Atty. Gen. by Virginia L. Richter, Asst. Atty. Gen., Phoenix, for amicus curiae Ariz. Dept. of Economic Security.

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

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Richard J. Woods, Franzula M. Bacher, Christopher Robbins, Phoenix, for amici curiae Children's Legal Clinic and American Academy of Adoption Attys.

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

OPINION

CORCORAN, Justice.

This case involves a tug-of-war between a natural father in Arizona and a couple in Florida seeking to adopt his minor child. It also involves the consideration of three overlapping statutes. We accepted jurisdiction of this special action to decide whether the trial court erred when it declined jurisdiction in this child custody dispute and deferred to the Florida trial court. Contrary to the court of appeals, we hold that the...

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