In re A.M. CA1/3

Filed 9/21/22 In re A.M. CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re A.M., a Person Coming Under the Juvenile Court Law.

ALAMEDA COUNTY SOCIAL

SERVICES AGENCY,

Plaintiff and Respondent, A164435 v. (Alameda County

M.S.,

Super. Ct. No. JD-028000-02) Defendant and Appellant.

M.S. (Father), father of minor A.M., appeals from an exit order granting the child’s mother, C.M. (Mother), joint legal custody. Father contends the juvenile court erred and abused its discretion because the court’s factual findings in support of the order that Mother was not actively relapsing from alcoholism and was receiving substance abuse treatment were based on off-the-record discussions and unsworn statements of Mother’s counsel, none of which was evidence. We agree the…