A.G. v. A.M. CA4/3

Filed 7/17/14 A.G. v. A.M. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

A.G.,

Plaintiff and Respondent, G047539

v. (Super. Ct. No. 09P001332)

A.M., OPINION

Plaintiff and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Lon F. Hurwitz, Judge. Appeal dismissed. A.M., in pro. per., for Appellant. No appearance for Respondent.

A.M., an incarcerated person acting in propria persona, filed this appeal seeking review of two orders issued by the family law court. As we explain in detail below, the appeal is untimely as to the first order and the second order is not an appealable order. Consequently, we dismiss the appeal for lack of jurisdiction. PROCEDURAL BACKGROUND The underlying family law case began with a petition to establish A.M.’s paternity as to E.M., a male child of his former girlfriend, A.G. (“Mother”).1 A.M. was incarcerated in Tehachapi State Prison when Mother filed a petition on October 16, 2009, for an order establishing A.M.’s parental relationship with E.M. and his failure to provide child support, as well as an order giving Mother sole legal and physical custody of E.M. and denying A.M. visitation rights. On November 30, 2009, the family law court granted Mother’s petition in its entirety. In this initial proceeding, and throughout all the family law proceedings that followed, neither party was represented by counsel. On May 6, 2010, while A.M. was still in prison, Mother obtained an ex parte domestic violence temporary restraining order against A.M., alleging he made a threatening phone call to her two months earlier and had physically abused her in the past. The hearing date was set for June 3, 2010, but was continued several times. On June 29, 2010, A.M. filed a motion to modify custody, seeking joint physical and legal custody of E.M. and visitation rights. He also requested an order for a “DNA paternity test other child” to determine if Mother’s female child born in 2007 was his biological daughter. Mother was married to her current husband at the time the female child was born, but A.M. argued in his motion the child was conceived before the