CA5

INTRODUCTION

Juan C. filed a petition pursuant to Family Code1 section 7822 to declare M.V. free from the custody and control of his presumed father, Andrew V. Andrew opposed the petition and a contested hearing was held. The trial court determined that Andrew had abandoned M.V. and terminated Andrew’s parental rights. Andrew appeals. We reverse.

FACTUAL AND PROCEDURAL SUMMARY

On June 11, 2015, Juan filed a petition to declare then eight-year-old M.V., born in 2006, free from the custody and control of father pursuant to section 7822. The petition alleged that Juan was married to M.V.’s mother, Alexandrea, and that Andrew had left the child in mother’s care for a period of over one year without provision for support and without communicating, with an intent to abandon. The petition sought a termination of father’s parental rights. Juan sought to adopt M.V. Mother’s declaration was attached to the petition. In her declaration, mother stated that father was incarcerated in state prison and there was no court order for payment of child support. Mother stated she lived together with father and M.V. until M.V. was two or three years old. Father last saw M.V. in 2011. Mother…