Opinion
B328205
04-26-2024
In re Daisy H., a Person Coming Under the Juvenile Court Law. v. Victor H., Defendant and Appellant. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,
Marsha F. Levine, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Los Angeles County No. 19CCJP07594A. Mary E. Kelly, Judge. Affirmed.
Marsha F. Levine, under appointment by the Court of Appeal, for Defendant and Appellant.
Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.
VIRAMONTES, J.
Victor H., the alleged father of Daisy H., appeals from the juvenile court's order terminating its dependency jurisdiction over Daisy and granting sole legal and physical custody to the child's presumed father, Javier S., with no visitation for Victor. In this appeal, Victor raises no substantive issues regarding the termination and custody order. Rather, Victor instituted this appeal solely to preserve his rights in an earlier appeal that challenged the juvenile court's failure to elevate his paternity status. In light of our affirmance in that earlier appeal and Victor's failure to assert any substantive arguments in the current appeal, we affirm the termination and custody order.
On June 16, 2022, Victor filed an appeal in case No. B321581. In that appeal, Victor challenged the juvenile court's June 14, 2022 order denying his request for presumed father status. He contended the juvenile court erred in failing to designate him as Daisy's presumed father earlier in the proceedings, and in denying his later request to be declared a third presumed parent along with Javier.
On January 5, 2023, during the pendency of the appeal in case No. B321581, the juvenile court issued an order terminating its jurisdiction over Daisy pending the receipt of a custody exit order that granted sole legal and physical custody to Javier, monitored visitation to Daisy's mother, and no visitation to Victor. On March 24, 2023, the juvenile court issued the custody order and terminated its jurisdiction. Victor then filed the current appeal from the March 24, 2023 termination and custody order.
On November 30, 2023, this court issued its opinion in case No. B321581, affirming the juvenile court's June 14, 2022 order denying Victor's request for presumed father status. (In re Daisy H. (Nov. 30, 2023, B321581) [nonpub. opn.].) We held Victor forfeited his right to challenge the juvenile court's earlier paternity rulings because he failed to timely appeal those rulings. We further held the juvenile court did not err in denying Victor's request to be found a third presumed parent because he lacked an existing parental relationship with Daisy.
Where the juvenile court terminates its jurisdiction during the pendency of an appeal from an earlier ruling, a parent may appeal the order terminating jurisdiction solely to preserve his or her right to maintain the earlier appeal. (See In re Rashad D. (2021) 63 Cal.App.5th 156, 164-165; In re Jessica K. (2000) 79 Cal.App.4th 1313, 1317.) In this case, Victor asserts that he instituted the current appeal "for the sole purpose of protecting and preserving his rights vis-a-vis his pending appeal in case number B321581." Victor raises no substantive issues in this appeal, and simply requests that, if we reverse the challenged paternity ruling in case No. B321581, we also reverse the subsequent order terminating jurisdiction.
As discussed, we have since affirmed the juvenile court's June 14, 2022 order denying Victor presumed father status. Given our affirmance in case No. B321581 and Victor's failure to raise any substantive issues in this appeal, we also affirm the juvenile court's March 24, 2023 order terminating jurisdiction over Daisy, granting sole custody to Javier, and ordering no visitation for Victor.
DISPOSITION
The juvenile court's March 24, 2023 termination and custody order is affirmed.
WE CONCUR: GRIMES, Acting P. J., WILEY, J.