In re R.J. CA4/2

I.

INTRODUCTION

Petitioner and appellant C.J. is the maternal uncle of 10-year-old R.J. Objector

and respondent M.L. is the biological father of R.J. C.J. appeals from the trial court’s

denial of his Freedom from Parental Custody and Control (FPCC) petition pursuant to

Family Law code1 section 7822 as to his nephew R.J.2 On appeal, C.J. contends the trial

court abused its discretion in finding that C.J. failed to meet his burden of proof by clear

and convincing evidence to show abandonment under section 7822, subdivision (a)(3), as

the finding is not supported by substantial evidence. We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

The biological parents of R.J., born November 2014, are father M.L. and mother

B.J. M.L. and B.J. had a romantic relationship but were never married. After B.J.

became pregnant with R.J., at some point, she informed M.L. of the pregnancy. M.L. is

not listed on R.J.’s birth certificate. In October 2014, M.L. learned of federal charges

against him. In January 2015, M.L. pleaded guilty to fraudulent wire transfer and

defrauding investors in federal court and was sentenced to 108 months in federal prison

and ordered to pay $1,303,307 in…