California Court of Appeal

In an action to obtain 'special immigrant juvenile' (SIJ) status, a classification created by Congress to provide special immigration protection to undocumented, unaccompanied children entering the U.S. who have been the victims of parental abuse, neglect, abandonment, or a similar circumstance, 8 U.S.C. section 1101(a)(27)(J), the Family Court's refusal to appoint a guardian ad litem for the child, pursuant to a parentage petition under Family Code section 7635(a), unless he gave his father notice of the application for a guardian ad litem, is reversed where the court erred in requiring parental notice before appointing a guardian ad litem because the child has never lived with the man he identifies as his presumptive father.

Appellate Information

• Published 2016/06/13

Judges

• ZELON

Court

• California Court of Appeal

Counsel