In re Christopher M.

Christopher M., Sr. (father), appeals from the order adjudicating his son, Christopher M. (Christopher), a dependent child pursuant to Welfare and Institutions Code section 300, subdivisions (b) and (g) and the ensuing disposition order. Father contends there was no substantial evidence to support jurisdiction based on father’s alleged conduct. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

Christopher is the youngest of five half siblings: S. (bom in 1994), David (bom in 1999), Ruben (born in 2000) and Devin (bom in 2004). Christopher’s mother (mother) and father were married but father was incarcerated when Christopher was bom in December 2006. Father is identified on Christopher’s birth certificate. Mother did not maintain contact with father after she discovered that he had been intimate with another woman before he went to prison. Unbeknownst to mother, father obtained a divorce from mother sometime in late 2010 or early 2011 while he was still incarcerated and in 2011 father remarried.

Meanwhile, father was still incarcerated on November 17, 2010, when Christopher and his half siblings came to the attention of the Los Angeles County Department of…