ROBERTO F. v. DEPT. OF ECONOMIC SEC.

No. 1 CA-JV 11-0253.

301 P.3d 211 (2013)

ROBERTO F., Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, L.F., I.A., Tracie H., Jimmy S., Appellees.

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

April 30, 2013.


Attorney(s) appearing for the Case

Thomas C. Horne , Attorney General By Amanda Holguin , Assistant Attorney General, Mesa, Attorneys for Appellee.

Diane S. McCoy , Mohave County Appellate Defender, Kingman, Attorneys for Appellant/Father Roberto F.

Kelley Moss & Holden PLLC By Michele Holden , Bullhead City, Attorney for Appellee/Intervenors Tracie H. and Jimmy S.

Knudtson Law LLC By Lenore Knudtson , Kingman, Guardian Ad Litem for Children.


OPINION

GOULD, Judge.

¶ 1 In this case, we vacate a judgment terminating the natural father's ("Father") parental rights to his children, L.F. and I.A. (collectively, the "Children"). Our review of the record shows the evidence was insufficient to support termination. In addition, the trial court erred by terminating Father's parental rights based, in part, on a theory of abandonment that was not disclosed until the fourth day of a five-day trial.<...

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