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Adoption of I.M.

California Court of Appeals, Second District, Eighth Division

November 18, 2014

Adoption of I.M., a Minor. C.M., Plaintiff and Respondent, S.R., Defendant and Appellant.

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[Copyrighted Material Omitted]

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APPEAL from an order of the Superior Court of Los Angeles County, No. BT55600/BN5881 Amy Pellman, Judge. Affirmed.

COUNSEL

Valerie N. Lankford, under appointment by the Court of Appeal, for Defendant and Appellant.

Janette Freeman Chocran, under appointment by the Court of Appeal, for Minor.

Angela M. Rooney for Plaintiff and Respondent.

OPINION

FLIER, J.

S.R., the presumed father of I.M. (father), appeals from the trial court’s order finding I.M.’s adoption by her stepfather could proceed without father’s consent. The court’s order was based on the ground that father had failed to communicate with I.M. and pay for her care and support for over one year, under Family Code section 8604, subdivision (b).[1] We affirm.

PROCEDURAL BACKGROUND

CM. (stepfather) filed a request to adopt I.M. in January 2013. I.M. was nine years old at the time. The request did not indicate whether father would

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consent to the adoption. I.M.'s mother (mother) signed her consent to stepfather’s adoption of I.M. in May 2013.

The Los Angeles County Department of Children and Family Services (DCFS) contacted father, who was incarcerated. Father indicated he did not consent to the adoption.

In July 2013, stepfather filed a petition requesting an order freeing I.M. from father’s custody and control. The petition stated stepfather was the spouse of mother, who had sole legal and physical custody of I.M. It further stated father was incarcerated for felony convictions and had not had contact with I.M. since 2006. The court issued a citation to father advising him that he could ...


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