Adoption of K.G. CA2/6

Filed 3/14/16 Adoption of K.G. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

Adoption of K.G., a Minor. 2d Juv. No. B265212 (Super. Ct. No. A017238) (Ventura County)

K.L.,

Plaintiff and Respondent,

v.

H.D.,

Defendant and Appellant.

H.D ("Father") appeals an order granting a petition to terminate his parental rights to his biological daughter, K.G., freeing her for adoption by K.G.'s maternal grandmother, K.L. ("Grandmother"). Father contends the Ventura County Superior Court did not have jurisdiction to terminate his parental rights because a Georgia probate court issued a guardianship order in 2012 and has continuing exclusive subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). (Fam. Code, § 3400 et seq.)1 Father also contends the trial court denied his right to due process when it did not permit him to testify telephonically. We conclude the UCCJEA does not apply to these adoption

1 All statutory references are to the Family Code.

proceedings and Father waived his due process claim when he stipulated that no witnesses would be called. We affirm. BACKGROUND K.G. was born in 2006 in Georgia. Her parents were not married. No father is identified on her birth certificate. Father is K.G.'s biological father. Mother informed Father of her pregnancy. Father did not support or visit K.G. In February 2012, Mother relinquished her parental rights and selected Grandmother as a temporary guardian for K.G. A Georgia probate court granted temporary guardianship to Grandmother. Grandmother's guardianship petition alleged that K.G. was born out of wedlock and that Father had "not legitimated" K.G. The Georgia court's order does not address Father's parental rights. In 2014, Grandmother filed a petition to adopt K.G. in the Ventura County Superior Court. She and K.G. had lived in Ventura for more than two years. Mother consented to adoption. Father did not consent. Grandmother alleged Father's consent to adoption was not required for two reasons: (1) Father deserted K.G. without providing information to identify her (§ 8606, subd. (c)); and (2) an adopting parent had custody of K.G. by court order or agreement and Father had not contacted K.G. or paid for her support for one year or more (§ 8604, subd. (b)). In a separate petition filed in the same action, Grandmother asked that the trial court terminate Father's parental rights because (1) Father abandoned K.G. (§ 7822), and (2) Father is a felon whose crime demonstrates unfitness (§ 7825). Grandmother later withdrew her allegation that consent was not required under sections 8606 and 8604. She proceeded solely on the grounds that Father's rights should be terminated because he abandoned K.G. (§ 7822) and he is an unfit felon (§ 7825). The trial court appointed counsel to represent Father. At trial, counsel stipulated that the Ventura County Human Services Agency (HSA) report "would be submitted into evidence without objection, that the court would accept the REPORT as