California Case Reviews of Supreme Court and Appellate Court Decisions

Substantial Evidence Supported Trial Court’s Termination of Adoptive Father’s Parental Rights

In Re Marriage of E. & Stephen P. (2013) 213 CA4th 983 (2nd Dist): Adoptive mother E. petitioned trial court to terminate adoptive father Stephen’s parental rights under Family Code § 7827. Requiring evidence from two experts, FC § 7827 provides for the termination of parental rights of a mentally disabled parent when the parent is likely to remain mentally disabled for the foreseeable future and accordingly unable to care for and control the child adequately. Prior to the adoption, Stephen treated his mental illness with medication but then stopped after the adoption, … [Read More...]

Grandparent Seeking Visitation Must Satisfy Clear and Convincing Burden of Proof

Rich v. Thatcher (2011 DJDAR 16570), 2nd App. Dist., November 14, 2011 Family Code § 3102: Grandparent Seeking Visitation Must Satisfy Clear and Convincing Burden of Proof To Overcome Rebuttable Presumption Mother gave birth to child in 2006, and Father filed Petition to Establish Parental Relationship in 2010.  Father died in 2010, and Grandmother filed a Petition for Joinder which the trial court granted.  Obviously, Mother and Grandmother “do not get along.” After an evidentiary hearing on Grandmother’s visitation request, the trial court found (1) that … [Read More...]

First Bigamous Marriage Void, So Second “Bigamous” Marriage Valid

IRMO Seaton (2011 DJDAR 16342), 3rd App. Dist., November 8, 2011 First Bigamous Marriage Void, So Second “Bigamous” Marriage Valid Patricia was married to Richard (#1) when she married Henry (#2) during a weekend trip to Reno in May, 1988, just ten days she had gotten a restraining order against him.  A restraining order she obtained with the help of her then just divorced love interest Jeffrey (#3). After seventeen years of marriage, Jeffrey sought a Judgment of Nullity claiming that Patricia’s Nevada marriage to Henry had not been nullified.  Relying on Williams, … [Read More...]