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Name: In re A.F.
Case #: A168850
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/07/2024

An alleged father is a “parent” for jurisdiction purposes. Minors were removed due to Father’s substance abuse and perpetration of domestic violence. The jurisdictional allegations as to Father were found true but those against Mother were dismissed. The juvenile court ordered family maintenance services at disposition. Mother appealed and the reviewing court affirmed. Mother contended that an alleged father is not a “parent” within the meaning of section 300, subdivision (b)(1). While an alleged father may not be entitled to the same rights as a presumed father, he is still a parent under section 300 and his abuse of a…

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Name: In re A.K. (2024) 99 Cal.App.5th 252
Case #: C097776
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/18/2024
Subsequent History: Ordered published 1/30/2024

Juvenile court prejudicially erred in failing to promptly inquire about parentage and in denying biological father’s 388 petitions where biological father was not properly noticed of the proceedings. Minor was removed due to Mother’s substance abuse during her pregnancy. Mother appeared at the detention hearing with an alleged father who requested DNA testing and was later determined not to be Minor’s biological father. Mother then shared that the biological father might be C.B., who took a paternity test and was determined to be Minor’s biological father. Mother was bypassed at the dispositional hearing and a section 366.26 hearing was set.…

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Name: M.M. v. D.V.
Case #: D077468
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/19/2021

Family Code section 7612, subdivision (c), applies where there is an existing parent-child relationship between the child and the person seeking to be considered a third parent. M.M. and Mother were in a relationship which overlapped with Mother's relationship with T.M. When Minor was born, T.M. believed he was the father. When Minor was two years old, M.M. discovered he was the biological father of Minor. Mother did not allow M.M. to develop a relationship with Minor. M.M filed a petition to establish a parental relationship with Minor, requesting to be recognized as a third parent. The court concluded that…

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Name: In re J.P.
Case #: H047586
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/01/2020

The juvenile court has the authority under section 385 and Family Code section 7642 to reconsider its prior parentage findings. A dependency action was filed after mother was arrested for driving under the influence. J.P. and his younger half-brother, A.A. were taken into protective custody. A.A.'s father, Albert, told the social worker that he was not J.P.'s biological father, but wanted to adopt him. J.P.'s biological father was determined to be his presumed father, but did not make his whereabouts known to the Department and did not visit with J.P. A.A. and J.P. were placed with Albert's parents as a…

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Name: In re J.W.-P.
Case #: A156550
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/08/2020

Where father was prejudiced by the trial court's failure to send statutory notice of the procedures to assert paternity, reversal of an order setting the 366.26 hearing was required. A dependency action was initiated following mother's arrest and incarceration. Mother testified in the dependency proceedings that R.P. was the minor's father, had lived with and cared for his daughter during the first two years of her life, and was subject to a child support order. R.P. also maintained his relationship with his daughter and consistently stated that he wanted custody of her. R.P. contacted the social worker and requested custody,…

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Name: In re M.A.
Case #: E067604
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/26/2018

Collateral estoppel barred finding that biological father was a Kelsey S. father where juvenile court had found otherwise five years earlier. The juvenile court found 300(a)(b) and (j) petitions true, and removed M.A. and E.A. from mother. The court ordered the minors placed with Stepfather, who was a nonoffending, noncustodial, presumed father. The juvenile court also found E.A.'s biological father (Bio Father) a Kelsey S. father and ordered the minor to have visits with him. On appeal, mother and Stepfather argued that the court's finding that Bio Father was a Kelsey S. father was barred by…

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Name: In re L.L.
Case #: D071661
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/03/2017

Juvenile court erred when it found that biological father was a third parent under Family Code section 7612, subdivision (c) without conducting the requisite weighing process between his and the other presumed father's claims. The minor lived with her mother and T.L., a presumed father, at the time of the dependency action. B.S. was her biological father, but did not see her very often due to his incarceration. When mother was arrested, a petition was filed and a contested hearing held. The juvenile court found that B.S. was a third parent under section 7612, subdivision (c).…

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Name: In re Isabella M.
Case #: B277142
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 03/13/2017

Where father did not seek to change his paternity status until just before permanent plan for 20-month-old minor, it was not in the minor's best interest to grant father's 388 petition and relitigate the dependency proceedings. The minor was removed due to mother's substance abuse issues. Appellant R.C. was named as the alleged father. He was incarcerated from the time of the minor's birth, when she was detained, until the minor was 20 months old. Although he received notice of the proceedings, he did not contact the Department or make an appearance until just before the 366.26…

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Name: In re M.R. et al.
Case #: E064621
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/20/2017

Juvenile court did not err by granting presumed father status to a man who, although not the biological father, had a strong relationship with the minor and considered him a son. After mother left her five children with maternal grandmother, grandmother contacted the Agency, who filed petitions with respect to each of the minors. At the detention hearing, S.H. requested that one of the minors, Ro.R., be placed with him, claiming he had a parental relationship with the child since birth. The social worker confirmed with the minor that he wanted to live with S.H. and saw…

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Name: In re M.Z. et al
Case #: D070365
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/03/2016

Mother's boyfriend properly denied third parent status to mother's children because substantial evidence supported the conclusion that he lacked a parent-child relationship with them. The two minors were the biological children of mother and her husband. Mother and husband separated, and mother had three children with her boyfriend, Anthony R. After one of those children was found dead in mother's care, a petition was filed alleging substance abuse by mother and Anthony. The court found that husband was the presumed father of the older two minors, and that Anthony was the presumed father for his biological children with…

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