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Name: In re Miguel C.
Case #: A130956
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 08/26/2011
Summary

The juvenile court properly removed minor from mother in order to place with previously noncustodial father. The minor was removed from mother’s custody, and placed with father, the previously non-custodial parent. Reunification services were ordered for mother. On appeal, mother argued that removal was inappropriate because there was a reasonable alternative to removal which was not considered, i.e., placement with father without a removal order. The appellate court rejected the argument and affirmed the orders. There was ample evidence that there would be a substantial danger to the minor if returned to mother’s custody. A court cannot award custody to a noncustodial parent without first removing the child from the custodial parent.