Adoption of I.M.
Annotate this CaseStepfather sought to adopt nine-year-old I.M. Mother signed her consent. Father did not consent. Stepfather sought an order freeing I.M. from father’s custody and control, stating that mother had sole legal and physical custody of I.M. and that father was incarcerated for felony convictions and had not had contact with I.M. since 2006. The court issued a citation to show cause why I.M. should not be declared free from his custody and control. Father sought continuance and a removal order under Penal Code section 2625 so that he could be present for the hearing, and requested that the court appoint Attorney Sperling to represent him. Sperling appeared to contest the petition. The probation office and DCFS recommended granting stepfather’s petition. After several weeks, the court conducted a trial. Father’s counsel appeared. The court found father had left I.M. with mother for a period greater than one year, and had failed to communicate with I.M. and pay for her care, support, and education during that time and that father’s failures were willful and without lawful excuse and ordered that the consent of father was not necessary. The court of appeal affirmed.
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