L.R.
L.R. v. A.L.
Opinion
Lead Opinion
Duarte, J.
Father A.L. (father) appeals from a judgment terminating his parental rights to his daughter H.R. (minor).
Long before minor was bom, father had sought to establish his parental rights. Mother K.G. (mother) offered minor for adoption at birth without father’s consent. The trial court found father to be a Kelsey S. father, 1 yet terminated his parental rights after hearing, finding detriment and best *458 interests of minor. The court made no findings of unfitness specific to the applicable provisions of the Family Code.
On appeal, father contends the trial court applied the incorrect standard and thus failed to make the determination of unfitness required to properly terminate his parental rights. Respondent prospective adoptive mother (L.R.) does not dispute that there was error, but counters that any error was invited. She argues that substantial evidence supported termination even applying the proper standard, thus any error was harmless. She asserts that regardless of father’s claims, the trial court was correct in its decision to terminate his parental rights because he was not properly classified a Kelsey S. father.