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Name: In re Jose C.
Case #: B221562
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/02/2010

The minor was adoptable despite his bonds with his mother and grandfather. The minor, Jose, was removed from his mother, who was developmentally delayed and functioned at the level of a child. Jose had strong bonds with both his mother and maternal grandfather. Following termination of the mother’s parental rights, Jose and the grandfather appealed, arguing that the minor’s strong bonds with his mother and grandfather made him not likely to be adopted. They also argued that the trial court erred in failing to find that the grandfather was Jose’s presumed father, which would have allowed the grandfather to invoke the continuing-beneficial-relationship exception to adoption. The appellate court rejected both arguments and affirmed. The grandfather did not establish the second of two elements necessary for presumed father status: he never openly and publicly acknowledged paternity. Although he acted as a father would to Jose, that alone did not satisfy the requirements for presumed fatherhood. Further, the evidence supported a conclusion that Jose was adoptable, because he was also bonded to his foster parent who was committed to his adoption. The argument that Jose might react badly if his relationship with his mother and grandfather were to end is pure speculation and cannot be considered in determining his adoptability.