I.S. v. G.C.S.
Annotate this CaseMother had sole custody of the child, K.C., under a New York decree. Mother and her husband, J.S., petitioned the trial court to declare that the consent of G.C.S., the natural father, to the adoption is not required and to terminate Father's parental rights. The trial court granted the petition. Father argued that the trial court lacked subject matter jurisdiction to modify the New York custody order pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Fam. Code, 3400 et seq. Section 8604, subdivision (b) provides that when a birth parent has sole custody and the noncustodial parent has willfully failed to communicate with or to provide support to the child for a period of one year, the parent having sole custody may consent to the child’s adoption. The court held that this section unequivocally applies to adoption proceedings and is not subject to the UCCJEA. Nor is there a reason to adopt Father's suggestion that the court treat the UCCJEA as a precursor to the adoption proceeding. Finally, the application of section 7822, subdivision (a)(3) is within the context of an adoption proceeding, and the UCCJEA does not apply. Accordingly, the court affirmed the judgment.
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