Gene E. v. Los Angeles County Department

*255 Opinion

In this dependency proceeding, both the husband of Eric’s mother and Eric’s biological father sought presumed father status. A presumed father has greater rights than an alleged or biological father. We affirm an order awarding the husband presumed father status because the biological father did not seek that status until after a Welfare and Institutions Code section 366.26 1 hearing had been set and, at that time, he could not show a modification of his status was in Eric’s best interest.

FACTUAL AND PROCEDURAL BACKGROUND

Eric and his half brother, Michael, were removed from Julie B.’s (Mother) custody and detained in September 2002. A section 300 petition, as later sustained, alleged that Mother has a history of substance abuse rendering her unable to provide adequate care for the children. It was alleged that Mother suffers from mental and emotional problems requiring hospitalization in a psychiatric treatment center and rendering her incapable of providing regular care for her children. It also was alleged that Robert, Mother’s husband, had a history of substance abuse that may affect his ability to provide care. 2

On September 11, 2002, at the detention…