In re M v. CA5

Filed 6/28/16 In re M.V. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re M.V., a Person Coming Under the Juvenile Court Law.

JUAN C., F072590

Plaintiff and Respondent, (Super. Ct. No. VAD7984)

v. OPINION ANDREW V.,

Objector and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Bret D. Hillman, Judge. Catherine C. Czar, under appointment by the Court of Appeal, for Objector and Appellant. Juan C., in pro. per., for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Poochigian, J. and Smith, J.

INTRODUCTION Juan C. filed a petition pursuant to Family Code1 section 7822 to declare M.V. free from the custody and control of his presumed father, Andrew V. Andrew opposed the petition and a contested hearing was held. The trial court determined that Andrew had abandoned M.V. and terminated Andrew’s parental rights. Andrew appeals. We reverse. FACTUAL AND PROCEDURAL SUMMARY On June 11, 2015, Juan filed a petition to declare then eight-year-old M.V., born in 2006, free from the custody and control of father pursuant to section 7822. The petition alleged that Juan was married to M.V.’s mother, Alexandrea, and that Andrew had left the child in mother’s care for a period of over one year without provision for support and without communicating, with an intent to abandon. The petition sought a termination of father’s parental rights. Juan sought to adopt M.V. Mother’s declaration was attached to the petition. In her declaration, mother stated that father was incarcerated in state prison and there was no court order for payment of child support. Mother stated she lived together with father and M.V. until M.V. was two or three years old. Father last saw M.V. in 2011. Mother acknowledged that because father was incarcerated, she was “no longer passing his letters to the child.” Father responded to the petition, strongly objecting to the contention that he had abandoned M.V., to termination of his parental rights, and to the adoption request. Father asked to be transported to all hearings; that counsel be appointed to represent him; and that separate counsel be appointed to represent M.V.’s interests. Father stated that M.V. had been in father’s custody from birth until 2011 when father was incarcerated. On July 10, 2015, the trial court appointed counsel to represent father. The trial court did not address the request to appoint separate counsel for M.V.