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Name: In re Christopher L.
Case #: D048353
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/16/2006

In her appeal from a judgment terminating her parental rights to her 15-year old son, mother contended that the evidence was insufficient to support the court’s finding that the child-objection exception to adoption did not apply to preclude terminating parental rights under section 366.26, subdivision (c)(1)(B). The minor testified that he wanted to be adopted and was comfortable living with his aunt and uncle. However, he also testified that no one had told him he might never see his mother again, and that he wouldn’t want to be adopted if it meant he couldn’t see his mother. The appellate court affirmed the judgment. The record shows that the minor did not unequivocally object to the termination of parental rights. He repeatedly asserted a preference for adoption, and stated repeatedly that he wanted to be adopted. His statements at the 366.26 hearing merely showed his internal conflict between his hope to be adopted and his desire to see his mother again. Substantial evidence supported the juvenile court’s finding that mother did not meet her burden to show that the minor objected to adoption.