In re N.M.

Filed 2/1/23; Certified for Publication 3/2/23 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

In re N.M. et al., Persons Coming B315559 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 19CCJP07303)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

THOMAS M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mary E. Kelly, Judge. Affirmed in part and reversed in part.

Liana Serobian, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, Melania Vartanian, Deputy County Counsel, for Petitioner and Respondent. __________________________________ In these dependency proceedings Thomas M. (father) appeals from a juvenile court exit order awarding sole physical custody of minors N.M. and S.M. to E.S. (mother), contending no substantial evidence supported the order. We agree, and therefore reverse the order insofar as it grants sole physical custody to mother. BACKGROUND The facts are undisputed. Father and mother, although married, did not live together. Mother resided with the maternal grandmother, along with six-year-old N.M., four-year-old S.M., and two of mother’s other children by different fathers. Father resided with the paternal grandmother but during these proceedings relocated to his own apartment. Father worked full time five to six days a week and was unable to care for the children on a full time basis. Through an informal arrangement, he visited the children during the week and had custody of them every other weekend. On November 6, 2019, mother was arrested for child endangerment after driving while under the influence of alcohol with her youngest child in the car. On February 2, 2020, the juvenile court sustained a Welfare and Institutions Code section 300 petition alleging