California Court of Appeal

Termination of mother's parental rights is affirmed over claims that: 1) Probate Code section 1516.5 is an unconstitutional infringement upon mother's fundamental rights because it allows the termination of parental rights without a showing of unfitness; and 2) the trial court erred in applying the statute retroactively and principles of res judicata preclude its application to the circumstances of this case.

Appellate Information

• Decided 04/13/2006
• Published 04/13/2006

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Kimball J.P. Sargeant and Kimball J.P. Sargeant, Davis, under appointment by the Court of Appeal, for Objector and Appellant.


• For Appellees:
  
• Law Office of Karen Ehler and Karen Ehler, Woodland;  Ishikawa Law Office and Brendon Ishikawa, Davis, for Petitioners and Respondents., Gradstein & Gorman and Marc Gradstein, Burlingame, for Academy of California Adoption Lawyers and the Academy of California Family Formation Lawyers as Amicus Curiae on behalf of Petitioners and Respondents.