Silva

Silva v. Frank P.

Good Law
1988 Cal. App. LEXIS 173·199 Cal. App. 3d 183·244 Cal. Rptr. 490
Court of Appeal of CaliforniaFebruary 5, 1988No. H002617California6,938 words

Opinion

Lead Opinion

Stone, J.

Frank P. appeals from a juvenile court order declaring his five-year-old daughter Anne a dependent of the juvenile court and ordering that she be placed in the home of her natural mother, Joan C., under the supervision of the Social Services Department. (Welf. & Inst. Code, § 300, subd. (a).) 1 On appeal, father contends that the juvenile court had no jurisdiction to make this order because the superior court had primary and continuing jurisdiction over custody of the minor. In addition, father contends that even if the juvenile court did have jurisdiction over the matter, father was not given adequate notice of the ground on which the juvenile court ultimately exercised jurisdiction under section 300, subdivi *187 sion (a). Finally, father contends the evidence was insufficient to support the court’s order of dependency. We affirm.

Facts

This case represents the latest chapter in the long struggle between Frank P. (father) and his former wife, Joan C. (mother), to gain control and custody of their daughter Anne.

Anne was born on June 14, 1981, about one year after her parents were married. The marriage withered, and in April of 1983 father filed a petition for…

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