skip to Main Content
Name: Adoption of T.K.
Case #: G050676
Opinion Date: 10/07/2015
Court: CA Court of Appeal
District 4 DCA
Division: 3
Citation: Cal.App.4th
Summary

Unwed father was properly denied Kelsey S. father status where he did not financially support mother and cyber-stalked her during the pregnancy. D.N. and mother were no longer dating at the time of the minor’s birth. D.N. had failed to find employment to help financially support mother or the baby, and had, in fact, withdrawn for his own purposes the “baby fund” money which the two had deposited. D.N. appealed the denial of status as a Kelsey S. father, and the termination of his parental rights. The appellate court rejected his argument and affirmed the trial court’s ruling. There are at least two elements of “full commitment” to parental responsibilities as required by Kelsey S. The father must not only demonstrate a willingness to financially support the child, but also demonstrate a willingness to emotionally support the unwed mother during her pregnancy. Here, father did not pay for any of mother’s pregnancy expenses or attempt to save money for the baby. In fact, he raided the small fund the two had initially established to support the baby. Not only was there no emotional support during the pregnancy, but father engaged in a campaign of cyber-stalking mother by tracking her via her iCloud cell phone account, and used information from her cell phone to try to block the adoption.