Michael C. v. Sherry G.

Opinion

DAWSON, J.

*

The natural mother of a young child appeals from a judgment (order) declaring the child free from her custody and control. (Civ. Code, § 232, subd. (a)(1).)

1

A few months after Justin’s birth, mother and child took up residence in the maternal grandmother’s home and remained there from early June to early August 1980.

[528]

In the first week of August mother left grandmother’s home without leaving an address or telephone number. Justin was left with mother’s 12-year-old sister. Mother told her sister she did not care what happened to Justin and she did not

want

the responsibility of the child. Grandmother eventually was able to contact mother and mother suggested Justin be put up for adoption. Thereafter, grandmother located the C.’s and Justin was placed with them in late August 1980. The C.’s, after being assured mother would not change her mind, retained an attorney to commence adoption proceedings. On September 11, 1980, in the attorney’s office, mother signed a consent to adoption, which consent did not comply with the requirements of the law. (§ 226.1.) In December 1980 mother was asked to sign the formal consent to adoption by Family Court Services. On January 3, 1981, mother, without executing the consent, attempted to contact Justin. She was refused permission to see the child and filed a writ of habeas corpus on January 9, 1981. The C.’s then filed petitions for guardianship and section 232 abandonment.

The petition for guardianship was granted and later the petition declaring Justin abandoned was granted; Justin has resided continuously with the C.’s since late August 1980. They have provided a warm, loving and stable environment. The mother is, or at least was, unstable and irresponsible. Evidence supports the trial court’s finding that it would be detrimental to Justin to remove him from the C.’s and return him to mother and that his best interests would be subserved by custody remaining with the C.’s.

Mother, after taking up residence with grandmother, did not provide support for Justin. Although residing in the same home as Justin, mother left the child care to grandmother. Mother used grandmother’s home as a place to sleep, frequently staying out late at night.