San Diego County Health & Human Services Agency v. Jade M.
Opinion
Lead Opinion
McConnell, J.
Jade M., the mother of Levi H. and Maddox M. (the children), and her husband, Michael M., the father of Maddox, appeal the juvenile court’s jurisdiction and disposition orders placing the children in out-of-home care based on Michael’s physical abuse of Maddox. Michael contends the court erred by designating Andrew H. the presumed father of Levi based on a voluntary declaration of paternity he signed shortly after Levi’s birth. (Earn. Code, §§ 7570 et seq., 7611.) 1 Michael asserts the court should have weighed the presumption of fatherhood in favor of Andrew against the presumption of fatherhood in favor of Michael based on his receiving Levi into his home and openly holding him out to be his son. (§ 7611, subd. (d).) Jade contends the court abused its discretion by removing the children from her custody on the ground she was unable or unwilling to protect them. We affirm the orders.
FACTUAL AND PROCEDURAL BACKGROUND
Levi was bom in 2008 to Jade and Andrew. The day after the birth, the parents signed a voluntary declaration of paternity. The document was witnessed by an employee of the Arrowhead Regional Medical Center, where the birth occurred.