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Name: In re K.B.
Case #: E061803
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/24/2015

Juvenile court did not err by placing minor with previously noncustodial father where there was no showing that the minor would suffer emotional harm by being separated from maternal family. Mother appealed from the order placing her youngest son with the previously noncustodial biological father, who lived out of state. Mother argued that the court erred in finding that placing the minor with father was not detrimental to his emotional well-being under section 361.2, subdivision (a). Mother contended that the minor’s relationship with his maternal family, especially his older brother, was so strong that he would suffer emotional harm if separated from them. The appellate court rejected mother’s argument. The record shows that the minor loved his maternal family and would miss them. However, the minor stated that if he couldn’t live with mother, he wanted to live with father, and the minor enjoyed being with his father and his father’s family. The evidence also showed that father was a nonoffending parent who wanted custody, and that custody by father was in the minor’s best interest. There was no evidence in the record to show that the minor would suffer emotional harm from being separated from his maternal family.