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David C. v. Alexis S.

Court of Appeals of Arizona, First Division

August 27, 2015

DAVID C., KIM C., Appellants,
v.
ALEXIS S., A.C., Appellees

Appeal from the Superior Court in Maricopa County. No. JA47249. The Honorable Annielaurie Van Wie, Judge Pro Tempore.

Robert D. Rosanelli, Attorney at Law, Phoenix, By Robert D. Rosanelli, Counsel for Appellants.

David W. Bell, Attorney at Law, Higley, By David W. Bell, Counsel for Appellee Alexis S.

Law Office of Kennedy & West, Phoenix, By Jean W. West, Counsel for Appellee A.C.

Kent E. Cattani, Judge delivered the opinion of the Court, in which Patricia K. Norris, Presiding Judge and Patricia A. Orozco, Judge joined.

OPINION

Page 596

Kent E. Cattani, Judge:

[¶1] David C. and Kim C. (collectively, " Adoptive Petitioners" ) appeal the juvenile court's ruling granting Alexis S. (" Biological Father" )'s motion to set aside their adoption of A.C. Although Biological Father did not file a notice of claim of paternity with Arizona's putative fathers registry, see Ariz. Rev. Stat. (" A.R.S." ) § 8-106.01,[1] he timely filed and actively pursued a paternity action after Adoptive Petitioners served notice of the adoption proceedings. Accordingly, we affirm.

FACTS AND PROCEDURAL BACKGROUND

[¶2] Biological Father began a relationship with A.C.'s birth mother (" Biological Mother" ) in October 2012, and they moved in together two months later. In January 2013, the couple learned that Biological Mother was pregnant. In early March, however,

Page 597

Biological Mother moved out. Biological Father tried to stay in touch with her and asked for updates about the pregnancy, but Biological Mother cut off all contact within days of leaving. Biological Father contacted Biological Mother's relatives to inquire about the pregnancy and stated he was " not letting it go," but the relatives did not respond.

[¶3] A.C. was born on September 23, 2013. Biological Mother signed an affidavit of paternity falsely stating that A.C.'s biological father was unknown, and four days after the birth, she also signed a consent to adoption in favor of Adoptive Petitioners. A.C. was released from the hospital into Adoptive Petitioners' care.

[¶4] On October 8, 2013, one of Biological Mother's relatives informed Biological Father of A.C.'s birth, and another relative informed him of Biological Mother's address in Las Vegas, Nevada later that month. Meanwhile, Adoptive Petitioners requested a search of Arizona's putative fathers registry; the Office of Vital Records returned a certification stating that, as of October 23, 2013 (30 ...


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