In re Ava H. CA4/1

BACKGROUND

In March 2007, Ava was born to Emily H. Phillip was present at the birth, as were

the grandparents, and Phillip's name is on Ava's birth certificate. After being released

from the hospital, Emily and Ava went to live with the grandparents. Phillip stayed with

friends and had sporadic contact with Ava. In April or May, Phillip was arrested and

incarcerated for a drug offense. In July or August, he was released and began living in an

apartment with Emily and Ava. Emily and Ava spent every day at the grandparents'

home.

In December 2008, the grandparents suspected Phillip was using drugs or alcohol,

and Emily and Ava began spending more time at the grandparents' home. By April 2009,

it was clear that Phillip was using drugs or alcohol. In May, Emily and Phillip ended

their relationship, and Emily and Ava moved in with the grandparents. Phillip had

sporadic contact with Ava.

Further statutory references are to the Family Code. 2 In December 2009, Phillip appeared at the grandparents' home under the influence

of drugs or alcohol. They asked him to leave. In March 2010, Phillip had one visit with

Ava2 and his whereabouts became…