Adoption of Emilio G.
Annotate this CaseAndrew is the biological father of Emilio, born in July 2013. Katherine is Emilio’s biological mother. Andrew and Katherine never married. Before Emilio was born, Andrew and Katherine had broken up. Katherine had become aware that Andrew could be violent and unpredictable. In September 2012, he yelled at and pushed Katherine’s mother; he pled guilty to possession of metal knuckles and trespassing and was put on probation. After Katherine became pregnant, several incidents occurred that confirmed her belief that Andrew could be violent and unpredictable. Katherine sought to have Emilio adopted by a couple in San Francisco, who filed a petition to terminate the parental rights of Andrew. After a trial, the court found that although Andrew was Emilio’s biological father, he had not established that he was Emilio’s presumed father within the meaning of Adoption of Kelsey S., with the attendant right to withhold consent to Emilio’s adoption. The court concluded it would be would be in Emilio’s best interests to terminate Andrew’s parental rights. The court of appeal affirmed, finding that substantial evidence supported a finding that Andrew is not a “Kelsey S. father,” and that the court did not abuse its discretion in terminating Andrew’s parental rights.
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