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Name: In re Emilio G.
Case #: A141319
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 04/10/2015

It was not an abuse of discretion to terminate parental rights of biological father to allow adoption where father was violent and unsupportive of mother. Andrew, the biological father of Emilio, never married the mother, and they had a tumultuous relationship before breaking up due to Andrew’s repeated violent acts. Mother sought to have Emilio adopted by a couple in San Francisco. The trial court granted the couple’s petition to terminate Andrew’s parental rights, holding that although Andrew was the biological father, he did not prove he was the presumed father, and it was in Emilio’s best interests to terminate Andrew’s parental rights. On appeal, Andrew argued that the trial court erred in denying him Kelsey S. status. The appellate court disagreed and affirmed. Not only was Andrew not emotionally supportive to mother, but also his actions were actually harmful to her. Substantial evidence supported the trial court’s finding that mother suffered emotional abuse and domestic violence from Andrew, which undermined his effort to establish his status as a Kelsey S. father. Likewise, substantial evidence supported the trial court’s finding that it was in Emilio’s best interest to terminate Andrew’s parental rights and allow the adoption to proceed.