Adoption of K.T. CA3

Filed 6/30/22 Adoption of K.T. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

Adoption of K. T., a Minor. C095847

M. B., (Super. Ct. No. 21CVSA6630)

Plaintiff and Respondent,

v.

K. T.,

Defendant and Appellant.

M. B. (respondent) filed a petition seeking to have his stepson K. T., declared free from parental custody of K. T.’s biological father (appellant) under Family Code1 section 7822. The court granted the petition. Appellant appeals, contending insufficient evidence supports the court’s findings. We affirm.

1 Undesignated section references are to the Family Code.

1

BACKGROUND K. T.’s mother (mother) met appellant when she was 17 years old; they began dating. In 2013, mother learned she was pregnant with K. T. Mother was still living with her own parents and when they learned about the pregnancy, mother’s parents were “very upset” with her. Mother and appellant thus decided to live with appellant’s mother, “Lynn.” K. T. was born in 2014. Mother and appellant were never married but appellant’s name is listed on the birth certificate. Following K. T.’s birth, appellant never executed a voluntary declaration of paternity and the court never issued an order establishing paternity. In 2015, after realizing the extent of appellant’s heroin addiction, mother moved out of Lynn’s home and moved back in with her parents; she took K. T. with her. Lynn also moved out but appellant remained in their mobile home as a squatter until he was evicted. Over the next two years, appellant would contact mother, often for money. When mother refused to give appellant money, he would ask to see K. T.; ultimately, those visits were usually a “last ditch effort to get money from [mother].” Appellant saw K. T. in January 2017, just before K. T. turned three. Appellant has not seen K. T. since. After K. T. turned three, mother would hear from appellant about once a year. Appellant would call her from a “burner phone” or she would get a message through Facebook. When he did reach out, appellant was “sober and in jail or coming off a high somewhere on the streets.” If he was in jail, appellant would ask mother if he could see K. T. when he got out of jail. If appellant was not in jail, he would ask to meet mother so she could give him money. In March 2017, mother met respondent. They began dating, and in September 2017, mother and K. T. moved in with respondent. Two years later, mother and respondent began looking into respondent adopting K. T. Mother and respondent