Trial court is not required to consider viability of adoption plan when considering whether to terminate parental rights pursuant to Family Code section 7822. Father and paternal grandmother brought a petition to terminate Mother’s parental rights under Family Code section 7822 so that paternal grandmother could adopt Minor and co-parent with Father. The trial court found that Mother had abandoned the minor when she hadn’t visited or paid child support in years, and terminated her parental rights. Mother appealed, arguing that the court erred in terminating her parental rights because the adoption plan of paternal grandmother and Father simultaneously being legal parents of the child was not legally viable. The reviewing court affirmed the orders. The requirement pursuant to Welfare and Institutions Code section 366.26, that the juvenile court consider any legal impediments to adoption, is not applicable in a Family Code section 7822 proceeding. Thus, absent an abuse of discretion in terminating Mother’s parental rights, that order is affirmed (matter was remanded to correct clerical errors in the orders).

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/B338184.PDF