In Re Marcel N.
Augusta v. v. Gervasio N.
Opinion
Opinion
White, J.
—In this case we consider whether the juvenile court has jurisdiction to entertain a petition under Civil Code section 232 to terminate the rights of one parent, while leaving the rights of the other intact, without a potential adoption being contemplated. We conclude that it does, but remand the action for further proceedings.
Facts and Procedural Background
Augusta V. married Gervasio N. in 1981. Their son Marcel was bom in November 1981, and a second son, Jason, was born in 1983. Augusta filed for dissolution of the marriage in 1984. In an uncontested proceeding the marriage was dissolved and Augusta was awarded sole legal and physical custody of the children, with reasonable visitation by the father.
On April 24, 1990, Gervasio had an order to show cause issued by the domestic relations department of the San Francisco Superior Court, on his application to modify the custody and visitation order. Gervasio’s supporting declaration alleged that Augusta was seriously ill and he could provide a more stable home for the children.
On May 2, 1990, Augusta petitioned the juvenile court to declare Marcel and Jason free from the custody and control of their father pursuant…