Adoption of M.L. CA2/5

Filed 8/28/23 Adoption of M.L. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

Adoption of M.L., a Minor. B326768

EDWIN B., (Los Angeles County Super. Ct. No. Plaintiff and Respondent, 21CCAD00220)

v.

TIMOTHY L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Rudolph A. Diaz, Judge. Reversed and remanded with directions. Child Welfare Law Specialist and Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant T.L. Suzanne Davidson, under appointment by the Court of Appeal, for Plaintiff and Respondent E.B.

Timothy L. (biological father) appeals the February 1, 2023 order terminating his parental rights as to his daughter, M.L.1 Respondent Edwin B. (stepfather) concedes the court’s order was in error and requests a remand with directions to the juvenile court to correct the order.

FACTUAL AND PROCEDURAL BACKGROUND2

M.L. (born in 2006) and her younger brother H.L. (born in 2008) are the biological children of mother and biological father, who divorced in 2012. Biological father had not been in contact with either child since 2011 or 2012. Mother had sole legal and physical custody of both children, and she married stepfather shortly after her divorce from father was final. In February 2021, stepfather filed a petition to adopt M.L. When biological father refused to give consent, the Los Angeles County Department of Children and Family Services (DCFS) advised stepfather to proceed under California Family Code, section 8604.3 Mother filed a document consenting to the adoption, but biological father objected, and the court appointed different attorneys to represent the children and father, and