In Re Victoria C.

Chad C. (the father), the presumed father of 10-year-old Victoria C. (the minor), challenges the juvenile court’s summary dismissal of his Welfare and Institutions Code section 388 petition seeking modification of the court’s custody order and requesting the removal of the minor from the custody of her mother, Becky C. (the mother). We conclude the court erred, but find the error harmless and affirm the judgment.

I

Facts

The minor’s parents have never been married and do not currently live together. Pursuant to family court proceedings, the minor lived with her mother and visited her father every other weekend and on Wednesdays. The minor’s parents have ongoing problems regarding custody and visitation. As a result, the father filed 14 custody order violation police reports in the first seven months of 2000.

The family came to the attention of Orange County Social Services Agency (SSA) in July 2000. The mother told authorities the father hit the minor on numerous occasions, which left marks and bruises, and burned the minor with a glue gun. She also reported other instances of physical abuse dating back to 1998. The mother also reported that the minor had twice been…