In re J.F. CA2/5

Filed 9/13/23 In re J.F. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re J.F., a Person Coming B318254 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 21CCJP04847D)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JOSE F.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Tara Newman, Judge. Reversed and remanded with directions.

Paul Couenhoven, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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I. INTRODUCTION

Appellant Jose F. is the biological father of J.F. (the child). At the adjudication and disposition hearing, the juvenile court named both Jose F. and I.A., mother M.R.’s husband, presumed fathers of the child. Father appeals from the order naming I.A. a presumed father.1

II. BACKGROUND

Mother and I.A. married in November 2019. They separated at the end of December 2020, and never filed for divorce. On August 31, 2021, mother told a social worker I.A. was the father of her unborn child. The child was born in early September 2021. Although mother named the child after Jose F., she told I.A. the baby was his. On September 30, 2021, after the