Adoption of Allison C.

John C. (father) appeals from a judgment terminating his parental rights and freeing his daughter, Allison C. (now seven years old), from his custody and control due to abandonment under Family Code section 7822. Dario A. (stepfather) filed the section 7822 petition as a precursor to adopting Allison without father’s consent. Father contends (1) insufficient evidence supports the court’s finding he abandoned Allison, and (2) the court misapplied the law in reaching this determination. We disagree and affirm the judgment.

FACTS

When Allison was conceived, her mother (mother) was dating father while married to his brother. After Allison’s birth in March 2001, mother and Allison lived with father on and off for about 110 days during the child’s first six months of life. But in the summer of 2001, father struck mother as she held Allison, causing mother to move to a relative’s home with the child and to stop all contact with father. From October 2001 through February 2003, father was incarcerated for domestic violence. After father’s release from prison in February 2003, he visited Allison (without mother’s knowledge) at his brother’s house every weekend through September…