LOUIS J. v. Superior Court

Opinion

BENKE, Acting P. J.

Louis J. is the father of two dependent sons, C. (born in 1997) and T. (bom in 1998), and is a petty officer in the United States Navy. At the 18-month review hearing the court denied Louis’s motion for a stay of proceedings under the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C.

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Appen. § 501 et seq., the Act). Louis contends the court abused its discretion because he made a clear showing that his ability to conduct his defense was materially affected by reason of his military service. He also claims his sons’ best interests required a stay of the 18-month review hearing. We deny the petition.

Factual and Procedural Background

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C. and T. were taken from their mother Marlena W.’s custody in October 2000 after she engaged in a knife fight with her pregnant niece in the boys’ presence. At that time Louis was stationed in Japan and living with his wife, LaTonya. Upon learning of the detention Louis traveled to San Diego. He told the social worker he was concerned about having enough money to support the boys and he needed to return to his ship. He was inconvenienced by the proceeding and thought that C. and T. should be returned to Marlena. The boys were released to Louis’s care until he returned to Japan on November 13. C. and T. were then detained in foster care.

On November 14 Louis waived his appearance for the jurisdiction and disposition hearings, authorizing counsel to proceed on his behalf. The court declared the boys dependents on December 14 based on violent confrontations in Marietta’s home and her excessive discipline of T. Louis did not

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request custody. He was ordered to complete a parenting course and show his ability and willingness to care for his sons. In June 2001 the social worker reported Louis did not respond to her letters regarding placing the boys with him.

For the 12-month review hearing social worker Sara Eaton reported Louis was now interested in gaining custody of his sons. C. was described as an angry and aggressive boy and was given psychotropic medication for hyperactivity. T. also had behavior problems. Eaton was investigating placing the boys with Louis in Japan. C.’s medical records were released to the Navy to determine if his special needs could be met at Louis’s duty station in Japan. If not, C.’s needs could support Louis’s reassignment by humanitarian transfer.