California Court Case: In re Ariel H

In re ARIEL H., a Minor. DENNIS H. et al., Petitioners and Respondents, v. JOSHUA P., a Minor, Objector and Appellant. JOSHUA P., a Minor, Plaintiff and Appellant, v. LISA H., Defendant and Respondent. No. G022651.

COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE 73 Cal. App. 4th 70; 86 Cal. Rptr. 2d 125; 99 Cal. Daily Op. Service 5119; 99 Daily Journal DAR 6585

May 27, 1999, Decided The Publication Status of this Document has been Changed by the Court from Unpublished to Published June 25, 1999.

Appeal from a judgment of the Superior Court of Orange County. Super. Ct. No. AD-69896. Julian Cimbaluk, Temporary Judge, * and Superior Court of Kern County, No. 23648. * Pursuant to Cal. Const., art. VI, § 21. The judgment is affirmed. The mother and the adoptive parents shall recover their costs on appeal.

COUNSEL:

Etcheverry & Barnes, Louis P. Etcheverry and Paige M. Barnes for Objector and Appellant and for Plaintiff and Appellant. Bonnie J. Hiler; and Jane A. Gorman for Petitioners and Respondents. Tisha L. Harman for Defendant and Respondent.

JUDGES:

Opinion by Sills, P. J., with Rylaarsdam and Bedsworth, JJ., concurring.

OPINION: SILLS, P. J.

An unwed biological father who promptly assumes parental responsibilities of his natural child will be declared the minor's presumed father unless the court finds him unfit. In this case, the biological father was just 15 years old. While physically mature, his emotional immaturity caused him to avoid making even minimal effort to assume parental responsibilities until after the child was born and his parents were served with the adoption papers. The biological father relies on his minority to excuse his failure to promptly assume parental responsibilities. The court was unimpressed with his argument. We are less so, and affirm.

I Ariel H. was born in May 1997. Her father, Joshua P., was 15 years old. Her mother, Lisa H., was but 17 years old. After Ariel was born, Lisa turned her over to Dennis and Diane H. (no relationship to Lisa). The adoptive parents filed a petition to determine if Joshua had parental rights, and whether his consent was necessary for Ariel's adoption. Joshua then filed a complaint to establish parental rights and obtain custody. Following a contested hearing, the court determined that Joshua was not the presumed father and his consent to the adoption was unnecessary. The court terminated his parental rights, and Joshua appeals.

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