California Court of Appeal

Order denying Father's request for custody of his son and daughter, who were removed from the Mother's custody, is affirmed, where: 1) the juvenile court erred when it failed to consider the Father's request under Welfare and Institutions Code section 361.2; 2) a parent is not precluded from requesting custody under section 361.2 based on jurisdictional findings made under a preponderance of the evidence standard; but 3) because the juvenile court made a finding under section 361, by clear and convincing evidence, that placing the children with the Father would pose a substantial danger to their physical health and well-being, the court's error was harmless.

Appellate Information

• Decided 10/03/2014
• Published 10/03/2014

Judges

• Kitching

Court

• California Court of Appeal

Counsel