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Name: In re D.S.
Case #: C055069
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/31/2007

Appeal was dismissed where father lacked standing to appeal the denial of mother’s modification petition which he did not join. Father appealed from an order denying mother’s 388 petition and terminating both parents’ parental rights. He contended that the juvenile court violated the due process of both parents by denying mother’s petition for modification as untimely. The appellate court dismissed father’s appeal, finding that father lacked standing to challenge the order denying mother’s modification petition. To have standing, father must show how the denial of mother’s modification petition, which did not relate to him and which he did not join, affected his interest. That was not shown here, nor does the record provide support for the claim.