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Foster Parent Litigation

Litigation in adoption cases often occurs in contested placement hearings during dependency cases. This litigation often pits the Department of Child Safety, relatives, foster parents, and/or kinship placements against each other. In most cases, the party that prevails will adopt the child.

Normally, foster parents, grandparents, and other family members are not parties to dependency litigation and would have no standing to participate or obtain necessary disclosure. The first issue to address is whether the third party will be permitted to intervene and participate in the litigation as parties. Key legal considerations when seeking to intervene are:

  • Arizona Rules of Civil Procedure, Rule 24(b), Permissive intervention.
  • Bechtel v. Rose, 150 Ariz. 68, 722 P.2d 236 (1986).
  • Allen v. Chon-Lopez, 214 Ariz. 361, 153 P.3d 382 (App. 2007).

The intervention in dependency cases by third parties is difficult and highly specialized. We have the experience and skill to represent you in asserting your rights throughout these matters.

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