A. The child, a parent of the child, the guardian of the child or any party to the dependency proceeding may file a petition for the revocation of an order granting permanent guardianship if there is a significant change of circumstances, including:
1. The child's parent is able and willing to properly care for the child.
2. The child's permanent guardian is unable to properly care for the child.
B. The court shall appoint a guardian ad litem for the child in any proceeding for the revocation of permanent guardianship.
C. The court may revoke the order granting permanent guardianship of a child who previously has been adjudicated a dependent child if the party petitioning for revocation proves a change of circumstances by clear and convincing evidence and the revocation is in the child's best interest. When making this determination, the court shall consider all of the following:
1. The child's position on the revocation of the guardianship if the child is at least twelve years of age.
2. The duration of the guardianship and the level of contact between the parent and the child during the guardianship.
3. Any other relevant factor.
D. The court may revoke the order granting permanent guardianship of a child who has been the subject of a dependency petition but who has not been adjudicated a dependent child and order that the child be returned to the child's parent if all of the following are true:
1. The child, parent of the child, party to the dependency petition or guardian petitions the court for revocation.
2. The court finds by clear and convincing evidence that the parent has remedied the grounds alleged in the guardianship motion.
3. The court finds by clear and convincing evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety. When making this determination, the court shall consider all of the following:
(a) The child's position on the revocation of the guardianship if the child is at least twelve years of age.
(b) The duration of the guardianship and the level of contact between the parent and the child during the guardianship.
(c) Any other relevant factor.
E. The court may set a case plan of guardianship after revocation of a permanent guardianship even though no successor guardian has been identified if the court has ordered that no reunification services be provided to the child's parent.
Notes of Decisions
Cited in
12
cases (
6 in the last 5 years), 2014–2025 · leading case:
Maria G. v. Dcs (Ariz. Ct. App. 2022).
Maria G. v. Dcs (Ariz. Ct. App. 2022).
· cites it 12× “¶14 Thus, we hold that the preponderance-of-the-evidence standard applies to the best interest inquiry in permanent guardianship revocations under A.R.S. § 8-873. CONCLUSION ¶15 We affirm.”
Jimmie G., Sally G. v. Dcs (Ariz. Ct. App. 2017).
· cites it 5× “¶25 But the plain language of A.R.S. § 8-873(C) (2017) does not support her argument: "The court may revoke the order granting permanent guardianship if the party petitioning for revocation proves a change of circumstances by clear and convincing evidence and the revocation is…”
Titus S. v. Dep't of Child Saf., 418 P.3d 1138 (Ariz. Ct. App. 2018).
· cites it 5× “9 According to DCS, were Titus's parental rights not terminated, he could later seek revocation of a guardianship pursuant to A.R.S. § 8-873. 10 *1145 ¶ 26 Titus, on the other hand, argues the provisions of § 8-873 are sufficiently protective of the children's best interests to…”
Sherri C. v. Dcs, T.O. (Ariz. Ct. App. 2014).
· cites it 8× “A.R.S. § 8-873. No such petition was filed, and no findings relevant to the revocation were made.”
In Re Guardianship as to J.L. (Ariz. Ct. App. 2025).
· cites it 4× “A.R.S. § 8-873(A)(1) (“The child, a parent of the child, the guardian of the child or any party to the dependency proceeding may file a petition for the revocation of an order granting permanent guardianship if there is a significant change of circumstances, including [when the]…”
Rebekah G. v. Katy C. (Ariz. Ct. App. 2017).
· cites it 2× “§ 8-539 (stating an order terminating parental rights permanently “divest[s] the parent and the child of all legal rights, privileges, duties and obligations with respect to each other”), with A.R.S. § 8-873(A)(1) (stating an order granting permanent guardianship may be revoked…”
Michael M. v. Anita P., M.M. (Ariz. Ct. App. 2019).
· cites it 2× “See A.R.S. § 8-873. Thus, the court did not err in considering a petition to terminate paternity while a guardianship was in place.”
Kayn C. v. Dcs, K.C. (Ariz. Ct. App. 2022).
· cites it 2× “A.R.S. § 8-873(C). AMY M. WOOD • Clerk of the Court FILED: AA 8”
In Re Term of Parental Rights as to C.C. & N.N. (Ariz. Ct. App. 2023).
· cites it 2× “In any event, because even a permanent guardianship is revocable, see A.R.S. § 8-873(C), a guardianship would not provide the children with the stability and permanency they would receive from termination and adoption.”
In Re Term of Parental Rights as to C.C. & N.N. (Ariz. Ct. App. 2023).
· cites it 2× “In any event, because even a permanent guardianship is revocable, see A.R.S. § 8-873(C), a guardianship would not provide the children with the stability and permanency they would receive from termination and adoption.”
Sherri C. v. Dcs, H.C. (Ariz. Ct. App. 2015).
“) section 8-873 (2015). Sherri C. v. Dep’t of Child Safety, 1 CA-JV 14-0193 (Ariz.”
— Ariz. Rev. Stat. § 8-873(A) — 2 cases
Maria G. v. Dcs (Ariz. Ct. App. 2022).
“¶14 Thus, we hold that the preponderance-of-the-evidence standard applies to the best interest inquiry in permanent guardianship revocations under A.R.S. § 8-873. CONCLUSION ¶15 We affirm.”
Titus S. v. Dep't of Child Saf., 418 P.3d 1138 (Ariz. Ct. App. 2018).
“9 According to DCS, were Titus's parental rights not terminated, he could later seek revocation of a guardianship pursuant to A.R.S. § 8-873. 10 *1145 ¶ 26 Titus, on the other hand, argues the provisions of § 8-873 are sufficiently protective of the children's best interests to…”
— Ariz. Rev. Stat. § 8-873(A)(1) — 2 cases
Rebekah G. v. Katy C. (Ariz. Ct. App. 2017).
“§ 8-539 (stating an order terminating parental rights permanently “divest[s] the parent and the child of all legal rights, privileges, duties and obligations with respect to each other”), with A.R.S. § 8-873(A)(1) (stating an order granting permanent guardianship may be revoked…”
In Re Guardianship as to J.L. (Ariz. Ct. App. 2025).
“A.R.S. § 8-873(A)(1) (“The child, a parent of the child, the guardian of the child or any party to the dependency proceeding may file a petition for the revocation of an order granting permanent guardianship if there is a significant change of circumstances, including [when the]…”
— Ariz. Rev. Stat. § 8-873(A)(2) — 1 case
Maria G. v. Dcs (Ariz. Ct. App. 2022).
“¶14 Thus, we hold that the preponderance-of-the-evidence standard applies to the best interest inquiry in permanent guardianship revocations under A.R.S. § 8-873. CONCLUSION ¶15 We affirm.”
— Ariz. Rev. Stat. § 8-873(C) — 6 cases
Jimmie G., Sally G. v. Dcs (Ariz. Ct. App. 2017).
“¶25 But the plain language of A.R.S. § 8-873(C) (2017) does not support her argument: "The court may revoke the order granting permanent guardianship if the party petitioning for revocation proves a change of circumstances by clear and convincing evidence and the revocation is…”
Maria G. v. Dcs (Ariz. Ct. App. 2022).
“¶14 Thus, we hold that the preponderance-of-the-evidence standard applies to the best interest inquiry in permanent guardianship revocations under A.R.S. § 8-873. CONCLUSION ¶15 We affirm.”
Kayn C. v. Dcs, K.C. (Ariz. Ct. App. 2022).
“A.R.S. § 8-873(C). AMY M. WOOD • Clerk of the Court FILED: AA 8”
In Re Term of Parental Rights as to C.C. & N.N. (Ariz. Ct. App. 2023).
“In any event, because even a permanent guardianship is revocable, see A.R.S. § 8-873(C), a guardianship would not provide the children with the stability and permanency they would receive from termination and adoption.”
In Re Term of Parental Rights as to C.C. & N.N. (Ariz. Ct. App. 2023).
“In any event, because even a permanent guardianship is revocable, see A.R.S. § 8-873(C), a guardianship would not provide the children with the stability and permanency they would receive from termination and adoption.”
— Ariz. Rev. Stat. § 8-873(C)(1) — 2 cases
Maria G. v. Dcs (Ariz. Ct. App. 2022).
“¶14 Thus, we hold that the preponderance-of-the-evidence standard applies to the best interest inquiry in permanent guardianship revocations under A.R.S. § 8-873. CONCLUSION ¶15 We affirm.”
In Re Guardianship as to J.L. (Ariz. Ct. App. 2025).
“A.R.S. § 8-873(A)(1) (“The child, a parent of the child, the guardian of the child or any party to the dependency proceeding may file a petition for the revocation of an order granting permanent guardianship if there is a significant change of circumstances, including [when the]…”
— Ariz. Rev. Stat. § 8-873(C)(3) — 1 case
Titus S. v. Dep't of Child Saf., 418 P.3d 1138 (Ariz. Ct. App. 2018).
“9 According to DCS, were Titus's parental rights not terminated, he could later seek revocation of a guardianship pursuant to A.R.S. § 8-873. 10 *1145 ¶ 26 Titus, on the other hand, argues the provisions of § 8-873 are sufficiently protective of the children's best interests to…”
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