California Court of Appeal

In this family law action involving competing claims of presumed father status of four-year-old D.S. by the boy's biological father, A.V., and his stepfather, B.E., the juvenile court's orders finding A.V. to be a presumed father of D.S. under Adoption of Kelsey S. and finding that A.V.'s presumption outweighed B.E.'s presumption are reversed and remanded, where the court erred in finding A.V. to be a Kelsey S. presumed father, given that A.V.'s own actions in committing parole violations, including the use of illegal drugs, led to his incarceration (Kelsey S. requires that the presumed father do all that he could reasonably do under the circumstances to carry out his parental responsibilities).

Appellate Information

• Decided 10/27/2014
• Published 10/27/2014

Judges

• Premo

Court

• California Court of Appeal

Counsel