In Re Marriage of Jill & Victor D.
Opinion
Opinion
Scotland, J.
Victor D. (father), the biological father of three children (the minors), appeals from orders (the judgment) terminating his parental rights so the minors could be adopted by their stepfather. (Fam. Code, § 7820.) Father contends the judgment must be reversed because, in his view, the evidence was insufficient to establish that he left the minors for a period of one year and intended to abandon them during that period. (Fam. Code, § 7822.) We shall affirm the judgment.
As we will explain, the trial court properly held that the circumstance by which the minors’ mother initially assumed sole physical custody of them was irrelevant to the determination whether father left the minors within the meaning of the statutory scheme. Indeed, it was not alleged that father left the minors at that time. The relevant factual context was the point at which it was claimed that, by his actions and inactions, father left and abandoned the minors. We also reject father’s claim that there was insufficient evidence to support the trial court’s finding that he left the minors for one year with the intent to abandon them during that time.