In Re Michael R.

Sheryl M. appeals from an order dismissing her petitions to free Michael R. from his birth mother Tammy R.’s parental custody and control on the ground of abandonment (Fam. Code, § 7820 et seq.; all statutory references are to this code unless otherwise noted) and to independently adopt him. (§ 8802.) We conclude Sheryl failed to demonstrate standing to adopt under section 8802 and therefore the family court did not err in dismissing her adoption petition. We also reject her claim she raised a prima facie case of parental abandonment under section 7822. Finally, we disagree with Sheryl’s claim the family court lacked jurisdiction to alter the probate court’s child custody order. Accordingly, we affirm the order dismissing Sheryl’s petitions.

I

Factual and Procedural Background

A single mother with two other children, 36-year-old Tammy gave birth to Michael in November 2003. She was unmarried and did not cohabit with the man she identified as the biological father, Loren G. Tammy relinquished her son to a licensed adoption agency, Nightlight Christian Adoptions (NCA). The agency placed Michael with prospective adoptive parents Sheryl and Roger M. following the birth. In…