In Re Spencer W.

Robert Wayne Gehring, under appointment by the Court of Appeal, for Minor.

OPINION

McDONALD, J.

In this dependency proceeding involving the minor Spencer W., appellant Leonard B. (Leonard) claims he is entitled to the rights and services accorded a "presumed father." In an earlier appeal, this court ruled the trial court had erred by terminating Leonard's parental rights without first according him a hearing on his claim that he was Spencer's presumed father. ( In re Spencer W. (Apr. 25, 1995) D022067 [nonpub. opn.]; hereafter Leonard I. ) On remand, the trial court conducted a hearing and ruled that under the totality of the circumstances Leonard was not Spencer's presumed father.

Leonard claims the facts show he was a presumed father. [1] From that predicate, he argues the department of social services (the Department) was obliged but failed to produce "clear and convincing evidence" to rebut this presumption.

(1) Because Leonard challenges the judgment on the basis it is not supported by adequate evidence, we review the facts most favorably to the judgment, drawing all reasonable inferences and resolving all conflicts in favor of the order. ( In re Misako R. (1991) 2 Cal.…