San Diego County Department of Social Services v. Paul D.

Good Law
11 Cal. Rptr. 2d 414·1992 Cal. App. LEXIS 1026·8 Cal. App. 4th 964·92 Daily Journal DAR 11657·92 Cal. Daily Op. Serv. 7243
Court of Appeal of CaliforniaJuly 28, 1992No. D015743California4,868 words

Opinion

Lead Opinion

Kremer, J.

Paul D., the biological father of Sarah C., appeals orders denying his Welfare and Institutions Code 1 section 388 motion and terminating his parental rights pursuant to section 366.26. On appeal, Paul contends he should have been considered Sarah’s presumed father, the court erred in finding the department of social services (Department) used due diligence to locate him, the court erred in denying him reunification services and erred in applying an improper legal standard. We affirm.

Facts

In June 1987, while he was in the Navy, Paul met Sarah’s mother, Dawn C. Dawn was then married to Mr. C. who was also in the Navy. Around December 1987, Dawn told Paul she was pregnant with his child. Paul did not offer to help" Dawn with her pregnancy in any way.

Sarah was born in September 1988. Dawn named Mr. C. as Sarah’s father on the birth certificate because she did not want him to know Paul was Sarah’s father. Mr. C. believed Sarah was his daughter until shortly before a hearing in September 1991.

In late 1988, Paul moved in with Dawn and Sarah who were staying at a friend’s house. Dawn testified the relationship was “kind of casual.” Paul testified he never discussed the…

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