In Re Fathom K.

173 Cal.App.3d 773 (1985) 219 Cal. Rptr. 294 In re FATHOM K. et al., Persons Coming Under the Juvenile Court Law.

SEAN K., Petitioner,

v.

THE SUPERIOR COURT OF ORANGE COUNTY, Respondent;

ORANGE COUNTY HUMAN SERVICES AGENCY, Real Party in Interest.

Docket No. G002826. Court of Appeals of California, Fourth District, Division Three.

October 24, 1985. [776] COUNSEL

Ronald Y. Butler, Public Defender, Carl C. Holmes, Assistant Public Defender, Richard Aronson and Sharon Petrosino, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Adrian Kuyper, County Counsel, and James L. Turner, Deputy County Counsel, for Real Party in Interest.

OPINION

CROSBY, J.

The father of two legitimate children challenges a local juvenile court determination that dependency proceedings on their behalf should be litigated in Texas. The ruling was erroneous, and we direct issuance of a peremptory writ accordingly.

I

In October 1984, Sean K. resided in Orange County with his two preschool-age children. Their mother's petition for dissolution of marriage was then pending in Texas, and he had signed a written appearance in that action and waived service of process.

Several months later Sean K. was arrested for alleged sexual abuse of his girlfriend's infant son. His children were removed from the home, eventually to be temporarily placed with his mother; and dependency proceedings were instituted (Welf. & Inst. Code, § 300, subds. (a) and (d)). Coincidentally, on the same day Sean K.'s troubles began in this state, his wife independently signed an affidavit in Texas relinquishing her own parental rights and purporting to place the children with the Texas Department of Human Resources for adoption.