J.J.

Santa Clara County Department of Family and Childrren's Services v. J.J.

Bad Law
148 Cal. Rptr. 3d 349·2012 Cal. App. LEXIS 1107·210 Cal. App. 4th 541·2012 WL 5233504
Court of Appeal of CaliforniaOctober 24, 2012No. H038322California5,905 words

Opinion

Lead Opinion

Premo, J.

*544 Opinion

D.M., the third child of V.S. (mother), was taken into protective custody directly from the hospital where he was bom. The juvenile court sustained a petition filed by the Santa Clara County Department of Family and Children’s Services (the Department) pursuant to Welfare and Institutions Code section 300, finding that D.M. came within the jurisdiction of the juvenile court. The juvenile court also found that mother’s boyfriend, respondent J.J., who is not D.M.’s biological father, is not married to mother, and cannot satisfy the statutory presumptions of paternity set forth in Family Code section 7611, 1 is nevertheless the presumed father entitled to reunification services because he has done everything a biological father might have done under the circumstances “to develop a bond” with the child. The Department appeals, asking us to reverse the presumed father declaration and the order for services to J.J.

We conclude that, although J.J. may have done everything he could under the circumstances to be a father to D.M., he must also demonstrate that he has an existing familial bond with the child sufficient to warrant giving him rights equal to those afforded a…

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