Monday, October 27, 2014

In Re D.S. (Cal. Ct. App. - Oct. 27, 2014)

What a tangled web we weave:

"This appeal involves competing claims for presumed father status of four-year-old D.S. by the boy’s biological father, A.V., and his stepfather, B.E. . . .

Mother and A.V. met in 2009, when mother was 19 years old and A.V. was 45 years old. Mother had just been released from jail and needed a place to stay, so she moved in with A.V., who had an extensive criminal history. Mother began prostituting at A.V.’s request, as she had done in the past. On December 8, 2009, mother and A.V. were arrested for shoplifting. Following that arrest, A.V. remained incarcerated until November 8, 2010. Mother, however, was released on bail.

Mother learned that she was pregnant in February or March 2010 and believed A.V. to be the father. She informed A.V., who was incarcerated, about the pregnancy and sent him an ultrasound picture. Also in approximately March 2010 mother began living with a new boyfriend, B.E.

On July 2, 2010, after mother informed A.V. that California law precluded him from appearing on the baby’s birth certificate if he was not present at the birth, A.V. sought to obtain a declaration of paternity form. He never received the form. While A.V. was incarcerated, mother withdrew approximately $100 from his jail account.

D.S. was born in August 2010. B.E. was present at the birth. Mother and B.E. married two months later. . . .

Mother had a son, A.E., with B.E. in January 2012.

B.E. was incarcerated between February 5, 2012 and August 12, 2012, for theft. In March 2012, while B.E. was incarcerated, A.V. stayed with mother and D.S. for a few days.

On March 12, 2012, B.E.’s mother (step-grandmother) received a call from mother, who was high, indicating that she could not find her sons. Step-grandmother located the boys, who moved in with her."

I could go on.  But I think you get the point.

My hat's off to lawyers and judges who deal with these sorts of cases.  Yours is not an enviable task.