In re Aubrey T.
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Anthony and Taylor, the parents of Aubrey, born in 2011, had an on-again-off-again relationship. At the time of the birth, Taylor was staying with Aubrey’s maternal great-grandparents. Anthony was present at Aubrey’s birth but was not named on the birth certificate. Weeks later, Taylor and Aubrey moved in with Anthony; when Aubrey was six months old, they got married. According to Taylor, Anthony was often absent because he had a serious alcohol and drug abuse problem and sometimes committed acts of domestic violence against Taylor. When Aubrey was three years old, Anthony and Taylor separated. Taylor and Aubrey moved in with Aubrey's great-grandparents. Taylor obtained a temporary restraining order against Anthony that precluded contact with her or Aubrey. After the TRO was lifted, Taylor allowed Anthony to have visits with Aubrey outside the great-grandparents’ home. In November 2015, after learning that Taylor was missing, Anthony filed a petition for the dissolution of the marriage and sought custody of Aubrey. The juvenile court terminated Anthony’s paternal rights under Family Code section 7822 and declared Aubrey free for adoption by her great-grandparents.
The court of appeal reversed. The evidence did not support a finding that Anthony’s efforts to have contact with Aubrey were mere token communications that did not overcome the statutory presumption of abandonment; there was no substantial evidence that Anthony intended to abandon Aubrey during the relevant period.
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