In re J.P.Annotate this Case
J.P. (born 2013) and his half-brother, A.A., were taken into protective custody after their mother's arrest. J.P.’s biological father was not involved in J.P.’s life. Albert, A.A.’s biological father, had been living with the family and wanted to be designated as J.P.’s presumed parent. Mother and Albert separated during the dependency proceedings. Mother claimed that Albert had problems with alcohol, smoked heavily, and scared the children when he got into loud arguments. Police had responded several times to reports of disturbances between mother and Albert. J.P. and A.A. were moved from foster home placement to Albert’s parents’ home. Both mother and Albert visited both children. The children “show[ed] comfort” in Albert’s presence. Albert ensured that the children were fed and took them to parks. Albert testified about his close relationship with J.P., who had called Albert “daddy.” Mother disputed his accounts. The juvenile court determined that Albert did not qualify as J.P.’s presumed father under Family Code section 7611(d), although there was “no doubt” that there was a bond. Mother opposed Albert’s request for regular visitation. The court concluded that it would be in J.P.’s best interest to maintain his relationship with Albert and ordered weekly visitation, to occur when A.A. visited Albert. The court of appeal affirmed, rejecting an argument that the juvenile court did not have the authority to order visitation with nonparents.