Guardianship of Olivia J.

Good Law
101 Cal. Rptr. 2d 364·2000 Cal. App. LEXIS 880·2000 Daily Journal DAR 12293·84 Cal. App. 4th 1146
Court of Appeal of CaliforniaOctober 17, 2000A089378California6,944 words

Opinion

Opinion

Stein, J.

Karen B. (appellant), the former domestic partner of Jennifer J. (respondent), appeals from a judgment dismissing her petition for guardianship of the minor, Olivia J., bom to respondent while she and appellant were living in the same household as a couple. Appellant alleged that, with respondent’s encouragement, she loved and supported Olivia as her daughter, and Olivia called her “Mama,” and respondent, “Mommy.” Before the child was two years old, the relationship between appellant and respondent ended. When respondent moved out of house, with Olivia, she told appellant that she would never see Olivia again. After consulting with several lawyers, including Carol Amyx, who ultimately represented respondent, appellant filed a petition for guardianship.

Appellant contends that the court erred by dismissing her petition without an evidentiary hearing to determine the merits of her allegation that parental custody is detrimental to the minor. [. . .]

We shall reverse the judgment dismissing the guardianship petition [. . .]* and remand for further proceedings.

Facts

On March 17, 1999, appellant filed a petition, seeking what she described as an “appointment of Guardian…

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