Adoption of E.A. CA2/6

Filed 3/10/15 Adoption of E.A. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

Adoption of E.A., a Minor. 2d Juv. No. B256017 (Super. Ct. No. A017024) (Ventura County)

M.G.,

Plaintiff and Respondent,

v.

G.C.,

Defendant and Appellant.

G.C. (mother) appeals the juvenile court's order terminating her parental rights and freeing her minor child E.A. for adoption by her guardian M.G. pursuant to Probate Code1 section 1516.5. G.C. contends the court erred in finding that adoption would be in E.A.'s best interests as contemplated in section 1516.5. We affirm. FACTS AND PROCEDURAL HISTORY G.C. and F.A. are the unmarried biological parents of E.A. who was born in Santa Barbara in January 2007. M.G. is E.A.'s godmother and was mother's close friend.

1 All further unspecified statutory references are to the Probate Code.

M.G. was present for E.A.'s birth and stayed at the hospital with mother and child until they were discharged. M.G. moved to Oxnard in October 2007, but continued to visit E.A. in Santa Barbara almost every day. In February 2008, E.A. began spending weekends with M.G. By June 2009, the child was spending only one weekend a month with her parents; by the following August, she was living with M.G. full-time. Father visited every two weeks and occasionally took E.A. to spend the weekend with him and mother. E.A. lived with M.G. until August 2010, when M.G. was seriously injured in a car accident. E.A. resumed living with mother and father and their second child F.A., Jr., who was born in August 2008. Only two months later, E.A. witnessed an incident of domestic violence in which father knocked mother unconscious. M.G. drove to Santa Barbara and picked up mother and both children. Mother and F.A., Jr., stayed with M.G. for a couple of weeks, then returned to Santa Barbara. E.A. remained with M.G. and has been with her ever since. On December 1, 2010, M.G. filed a petition for legal guardianship as to E.A. In support of the petition, M.G. stated: "[E.A.] has been living with me since August 27, 2009. When she was living with her parents she experienced seeing domestic violence. She wasn't treated correctly. She constantly saw violence and heard a lot of arguments. Her parents always favored their son instead of her. I have always been there to give [E.A.] the love she needs. When she's with me, she's a happy child." Mother and father consented to M.G.'s appointment as E.A.'s guardian, and letters of guardianship were issued in January 2011. Although no orders were issued regarding visitation, the parents continued to visit with E.A. on a fairly regular basis. In August 2011, mother and father each petitioned for termination of the guardianship. M.G. opposed the petitions. The court referred the matter to County of Ventura Human Services Agency (HSA) for a report and to mediation on the issue of visitation. Following mediation, the court approved the parties' agreement that father would visit E.A. on alternate Saturdays for a minimum of two hours, while mother would visit the child on alternate Mondays for at least two hours. All visits were to be