J.A. v. Superior Court CA2/4
Petitioner Juan A. (Father), father of four children -- Dylan, Jade, Juan and Stacy R. -- seeks review of the orders made at the review hearing held under Welfare and Institutions Code section 366.25 denying his request for legal custody of the children, terminating reunification services, and setting a hearing to consider termination of parental rights under Welfare and Institutions Code section 366.26. Father, who had been deported to Mexico, wished to have the children live with his brother’s family in Southern California once custody reverted to him. We conclude the court’s finding that returning the children to the physical custody of Father would create a substantial risk of detriment to the children’s safety, protection, or physical or emotional well-being cannot be sustained, as it was based entirely on Father’s deportation and the lack of recent unmonitored visitation.
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