In re Johnathon E.
A dependency petition was filed after a child was injured in the home of his mother. During the course of dependency proceedings, the noncustodial father sought custody of the child by filing Welfare and Institutions Code section 388 petitions. The father also sought a bonding study to evaluate his relationship with his child. The juvenile court summarily denied the fathers petitions seeking custody and denied his inclusion in the bonding study. From those denials, the father appeals and petitions for a writ of mandate.
Court conclude that, in the absence of a finding of detriment, the nonoffending fathers petitions requesting his childs custody were erroneously denied. In addition, the failure to include the father in the court ordered bonding study constituted an abuse of discretion.
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