In Re Randi D.

Randall, the natural father of minors Randi D. and Shawn D., appeals from a judgment freeing said minors from his custody and control. (Civ. Code, § 232.) The action to sever Randall’s parental rights was filed by the children’s proposed stepfather (Roger) and alleged Roger had filed a petition for stepparent adoption.

After the appeal was filed, Randall sought this court’s permission to file a supplemental brief and to present evidence regarding events occurring after entry of judgment on December 8, 1986. We allowed the filing of the supplemental brief and construed the motion to present additional evidence as a motion to take judicial notice of specified superior court records, copies of which were attached to the supplemental brief. (Evid. Code, § 452, subd. (d).) Those documents include, (1) a request for dismissal showing Roger’s petitions for stepparent adoption of minors were dismissed on July 13, 1987; (2) a judgment of dissolution showing that the marriage of Roger and minors’ natural mother (Sharon) was terminated as of November 27, 1987.

Based on these new developments, Randall asks us to set aside the judgment severing his parental relationship to minors.…

I agree with the majority’s conclusion we should consider the new developments posttrial in reaching our decision on this appeal. I respectfully disagree, however, with its conclusion those developments lead to an affirmance of the trial court decision.

Roger B. filed identical stepparent adoption petitions to adopt Shawn and Randi, the children of his then wife, Sharon B., from her former marriage to appellant Randall D. Roger B. and Sharon B. were then living happily with the children and the trial court appeared likely to approve the adoption. But the adoption proceedings were stymied when Randall D., the natural father, refused his consent. Roger B. then filed identical petitions to declare Shawn and Randi free from the custody and control of Randall D.

Without reiterating the details outlined in the majority opinion, it is clear from the record that Randall D. was anything but a model father. He neglected his children and did not provide for their support. The petitions *632 declaring the children free from the custody of Randall D. were granted. The decision was supported by substantial evidence, the claimed trial court errors are insubstantial, and, without more, the…

Kenneth M. Stern, under appointment by the Court of Appeal, for Objector and Appellant.

No appearance for Petitioner and Respondent.

Thomas F. Coleman, under appointment by the Court of Appeal, for Minors.

OPINION

SCOVILLE, P.J.

Randall, the natural father of minors Randi D. and Shawn D., appeals from a judgment freeing said minors from his custody and control. (Civ. Code, § 232.) The action to sever Randall's parental rights was filed by the children's proposed stepfather (Roger) and alleged Roger had filed a petition for stepparent adoption.

After the appeal was filed, Randall sought this court's permission to file a supplemental brief and to present evidence regarding events occurring after entry of judgment on December 8, 1986. We allowed the filing of the supplemental brief and construed the motion to present additional evidence as a motion to take judicial notice of specified superior court records, copies of which were attached to the supplemental brief. (Evid. Code, § 452, subd. (d).) Those documents include, (1) a request for dismissal showing Roger's petitions for stepparent adoption of minors were dismissed on July 13, 1987; (2) a judgment of dissolution showing…