Santa Clara County Department of Family & Children's Services v. A.V.
230 Cal. App. 4th 1238
| Cal. Ct. App. | 2014Background
- Both A.V. (biological father) and B.E. (stepfather) claim presumed father status for D.S. in a Santa Clara dependency proceeding.
- The juvenile court initially found A.V. qualified as a Kelsey S. presumed father and that B.E. was a statutory presumed father under Family Code §7611(d).
- DNA testing later confirmed A.V. is D.S.’s biological father, prompting a contested hearing on which presumption should prevail.
- Evidence showed A.V. acknowledged paternity and sought paternity action, but also demonstrated conduct (threats, limited support, criminal history) undermining his parental commitment.
- The court ultimately ruled A.V.’s Kelsey S. presumption controlled; this decision was appealed by B.E., D.S., and the mother, who challenged the factual and legal bases for A.V.’s presumption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether A.V. satisfies the Kelsey S. standard for presumed fatherhood | B.E. argues A.V. did not do all he could given circumstances | A.V. contends his public acknowledgment and efforts meet Kelsey S. | No; Kelsey S. not satisfied; court must reverse. |
| Appropriate weighing of competing paternity presumptions on remand | B.E. and others contend B.E. should be presumed father given his ongoing involvement | A.V. argues his established paternity should control | Remand required to grant B.E. presumed father status and reevaluate related orders. |
Key Cases Cited
- In re Jesusa V., 32 Cal.4th 588 (Cal. 2004) (due process for unwed fathers; meaningfully qualify as presumed father)
- Adoption of O.M., 169 Cal.App.4th 672 (Cal. App. 2008) (father’s conduct impeded by own criminal activity; uncertain commitment under Kelsey S.)
- In re D.M., 210 Cal.App.4th 541 (Cal. App. 2012) (extension of Kelsey S. to dependency context)
- Adoption of Myah M., 201 Cal.App.4th 1518 (Cal. App. 2011) (mixed questions of law and fact in Kelsey S. analysis)
- Haworth v. Superior Court, 50 Cal.4th 372 (Cal. 2010) (standard for mixed questions of law and fact in family/paternity cases)