California Court of Appeal

In the context of guardianship proceedings, Probate Code section 1516.5 which provides for the termination of parental rights without a finding of parental unfitness is not unconstitutional on its face, and it does not violate the due process or the equal protection clauses of the federal and state constitutions. However, it is unconstitutional to the extent it is applied to unwed fathers who have made a full commitment to their parental responsibilities.

Appellate Information

• Decided 02/15/2006
• Published 02/16/2006

Judges

• YEGAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Richard C. Gilman, under appointment by the Court of Appeal, Oxnard, for Objector and Appellant.


• For Appellees:
  
• Douglas R. Donnelly, John L. Dodd, John L. Dodd and Associates, Tustin, for Petitioners and Respondents.