In re Faith W. CA2/4

Filed 6/9/14 In re Faith W. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

In re FAITH W. et al., Persons Coming B251101 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK96736) FAMILY SERVICES,

Plaintiff and Respondent,

v.

L.W.,

Objector and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Anthony Trendacosta, Judge. Affirmed. Christopher R. Booth, under appointment by the Court of Appeal, for Objector and Appellant. Office of the County Counsel, John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Tracey M. Blount, Deputy County Counsel for Plaintiff and Respondent.

Father L.W. appeals from a juvenile court order terminating dependency jurisdiction and reinstating a family law custody order as to his two daughters. He contends the dependency court abused its discretion in deciding not to give him full custody because of mother’s issues. We find no abuse of discretion and affirm.

FACTUAL AND PROCEDURAL SUMMARY Father and mother, Cynthia T., married in 2002 and had two children Faith (born in 2003) and Kayla (born in 2008). Their divorce was finalized in March 2011. The family court custody order provided for joint legal custody and physical custody of both children. The children were to be with father on the first, third, and fourth weekends each month, and Tuesday afternoon to Wednesday afternoon in the third and fifth week of the month (if any). Faith was to alternate weeks between parents during school breaks. Mother and father had mutual restraining orders active until December 21, 2013. Both father and mother had remarried. The children came to the attention of the Department of Children and Family Services (the department) in November 2012 when police were called to respond to an episode of domestic violence between mother and her new husband, stepfather Dion H. Mother and stepfather refused to open the apartment door to police officers. Mother answered her cell phone and spoke with an officer, claiming that she was not at home, but the officer could see and hear movement in the apartment. Officers learned that stepfather was on active parole for murder and was suspected of dealing drugs and guns. Concerned about the safety of mother, the officers obtained a key to the apartment from the manager. Mother and stepfather surrendered when a police dog was sent into the apartment. Mother reported that she and stepfather had started arguing, and that she had sent the children to a downstairs neighbor. The children were crying when they arrived at the neighbor’s apartment, unaccompanied, at 2:00 a.m. Neighbors reported hearing yelling and fighting in the apartment. Faith told a neighbor that she saw Dion physically abusing mother during the fight and that she was very frightened.