In re Riley G. CA2/6

Filed 7/21/14 In re Riley G. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re RILEY G. and CARSON G., Persons 2d Juv. No. B253200 Coming Under the Juvenile Court Law. (Super. Ct. No. JV51841) (San Luis Obispo County)

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES, ,

Plaintiff and Respondent,

v.

JOHN R.,

Defendant and Appellant.

John R., the biological father of Riley G. and Carson G., appeals from a child dependency order denying him presumed father status of Carson (age three months) and appeals from the order denying his request to set aside Anthony G.'s voluntary 1 declaration of paternity. (Fam. Code, § 7575, subd. (b)(1).) Anthony G. is the ex- husband of Carson's mother. (§ 7575.) The trial court found that Anthony G. has supported and held the children out as his own, and is their presumed father. (§ 7611,

1 All statutory references are to the Family Code unless otherwise stated.

subd. (a) and (d).) Appellant, who is a stranger to the children, was denied reunification services and visitation. We affirm. Facts and Procedural History Carla G. (mother) and appellant are the biological parents of Carson G. (age three months) and Riley G. (age two). Riley was born before mother married Anthony G. During the tumultuous marriage, mother had an affair with appellant and conceived Carson. Carson was born a few months after mother and Anthony dissolved the marriage. In 2013, mother was arrested four times for public intoxication. On August 12, 2013, San Luis Obispo County Department of Social Services (DSS) filed a petition for failure to protect the children (Welf. & Inst. Code, § 300, subd. (b).) The petition and detention report stated that mother suffered from long term alcohol abuse and domestic violence issues. Appellant, the children's biological father, was in jail and had an extensive criminal history that included arrests for false imprisonment, making terrorist threats, assault causing great bodily injury, dissuading a witness, domestic battery, vandalism, and violating protective orders. DSS reported that appellant never developed a relationship with the children, had committed severe acts of domestic violence, and was incarcerated multiple times for violating domestic violence protective orders. DSS reported that Anthony G., mother's ex-husband, had cared for and provided for Riley and Carson and held them out as his own children. Anthony G. was present at Riley's birth and listed on Riley's birth certificate as the father. When Carson was born in 2013, Anthony G. signed a voluntary declaration of paternity. Anthony G. took care of Carson for a few weeks but had to relinquish care to the maternal aunt because he was working two jobs. Mother confirmed that Anthony G. was present at the births of Riley and Carson, had cared for and supported the children, and that he held the children out as his own. Based of DSS's recommendation. the trial court placed the children with Anthony G. and set the matter for a contested jurisdiction.