In re J.M.P.
The children who are the subject of this dependency proceeding, sisters J.M.P. and J.A.P., were detained from their mother L.P. and her husband, statutorily presumed father Jose P., in February 2005. The girls biological father, Rodrigo R., sought to have his paternity established. The juvenile court (1) found Jose P. was entitled to presumed father status and Rodrigo had not overcome that statutory presumption, (2) on that basis denied Rodrigo family reunification services, and (3) relieved Rodrigos attorney on the ground that he lacked standing to appear. We affirmed those rulings in a previous appeal (B184876 consolidated with B185887). In particular, we held that Rodrigo had not carried his burden under Adoption of Kelsey S. (1992) 1 Cal.4th 816 (Kelsey S.) to be entitled to presumed father status.
After voluntarily undergoing parenting and domestic violence prevention classes and regularly visiting the children, Rodrigo brought a petition for modification under Welfare and Institutions Code[1] section 388. In the petition, he sought again to be declared a presumptive father under Kelsey S., reunification services, and unmonitored visits with the girls. The juvenile court denied the petition and terminated parental rights. Rodrigo brings this second appeal contending he should be given Kelsey S. status now, where L.P. and Jose have failed to reunify. Court disagree with Rodrigo and affirm the order.
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