In Re Daniel M.

Appellant’s son, Daniel M. Ill (Danny), resides with his mother, Lori P., and his stepfather, Craig P. (respondent). After appellant did not visit, contact or otherwise communicate with Danny for more than two years, respondent filed a petition to free Danny from appellant’s custody and control pursuant to Civil Code section 232, subdivision (a)(1), which permits termination of parental rights when “[t]he child has been left ... by one parent in the care and custody of the other parent for a period of one year . . . without communication from the parent. . . with the intent on the part of the parent... to abandon the child . . . .” (Further section references are to the Civil Code unless otherwise specified.) Respondent filed the petition to terminate parental rights so he could adopt Danny. (§ 227.10.)

At the hearing on respondent’s petition, appellant acknowledged his failure to communicate with his son but claimed any effort to do so would have been futile due to interference by Lori. Appellant also alleged he was unable to visit Danny in person because appellant had become disabled and could not afford to travel from his home in the State of Washington to Danny’s…