San Bernardino Cnty. Children & Family Servs. v. A.A. (In re M.A.)

*57 The juvenile court found E.A. (Minor, a female, born in July 2008.) and M.A. (a male, born in May 2015) came within the court's jurisdiction. ( Welf. & Inst. Code, § 300, subds. (a), (b) & (j).) 1 The court ordered Minor be removed from the custody of F.A. (Mother). The court ordered Minor be placed in the custody of A.A. (Stepfather), who was a nonoffending, noncustodial, presumed father. The juvenile court found M.Z. (Bio-Father), Minor's biological father, was a Kelsey S. 2 father, thus creating three parents for Minor. ( Fam. Code, § 7612, subd. (c) ). The juvenile court ordered Minor have visits with Bio-Father.

Mother and Stepfather raise three issues on appeal: (1) the court's finding that Bio-Father is a Kelsey S. father is barred by collateral estoppel; (2) evidence does not support the finding that Bio-Father is a Kelsey S. father; and (3) the juvenile court erred by not terminating jurisdiction over Minor. Additionally, Mother asserts the juvenile court erred by granting visitation to Bio-Father. We reverse in part and affirm in part. 3

FACTUAL AND PROCEDURAL HISTORY

A. BACKGROUND

Mother and Stepfather married in 1992. Mother and Stepfather shared two adult…