In re E.T. CA2/8

Mother, L.T., appeals from the juvenile court’s dispositional order granting custody of minor E.T. to his biological father, C.M. Father admits he never achieved presumed father status, but nonetheless contends the appeal is moot because the court subsequently removed E.T. from his custody upon the filing of a supplemental petition alleging neglect by father. Mother also contends the court’s visitation order, providing that “[t]he Department is to create a detailed visitation order for mother,” is prejudicially vague. The Los Angeles County Department of Children and Family Services (Department) filed a letter brief “taking no position” on mother’s challenge to the custody order, and “not opposing] a remand for a proper visitation order.” We find this appeal is not rendered moot by the court’s later order removing E.T. from his placement with C.M. Because C.M. was a mere biological father, and was not entitled to presumed father status, the order granting him custody was in error. We also agree that the visitation order failed to adequately specify the frequency and duration of mother’s visits, and reverse and remand for further proceedings.

FACTUAL AND PROCEDURAL…