L.P. v. P.E. (In re G.B.)

In re G.B., a Minor.

L.P., Petitioner and Respondent, v. P.E., Objector and Appellant.

E076895

California Court of Appeals, Fourth District, Second Division

August 13, 2021

NOT TO BE PUBLISHED

APPEAL from the Superior Court of San Bernardino County. No FFCSS2000027 Dina I. Amani, Commissioner. Affirmed.

Rich Pfeiffer, under appointment by the Court of Appeal, for Objector and Appellant.

John L. Dodd & Associates and John L. Dodd for Petitioner and Respondent.

OPINION

MENETREZ J.

Paula E. (mother) appeals from the termination of her parental rights to her minor son G.B. under Family Code section 7822 subdivision (a)(2) (section 7822(a)(2)). We affirm.

BACKGROUND

G.B was born in November 2006, while mother was incarcerated. When G.B. was two or three days old, he began living fulltime with his paternal grandmother, Linda P. (grandmother). When G.B. was 13 years old, in June 2020, grandmother filed a petition to free G.B. from mother's custody and control so that grandmother could adopt G.B. Mother opposed the petition.

Pursuant to Family Code sections 7850 and 7851 (further statutory references are to this code), a social worker conducted an investigation and filed with the court a written report containing the social worker's findings and recommendation on the disposition of the petition in light of G.B.'s best interest. The social worker interviewed grandmother, father, and G.B. The social worker attempted to contact mother multiple times by telephone and by text message, but mother did not respond. Father told the social worker that he was willing to relinquish his parental rights and wanted grandmother to adopt G.B.

The social worker interviewed G.B. by himself. G.B. wanted grandmother to adopt him, so that he could “‘stay with her forever.'” He had lived with her for 13 years and felt happy, comfortable, and safe with her and loved by her. Grandmother took good care of him. The social worker believed that G.B. was “highly bonded” to grandmother and thriving in her home.

As to mother, G.B. said that “she [was] like a stranger to [him]” and that he was “‘okay'” with her parental rights being terminated. Mother had not visited him in 12 years or sent him a card. G.B. said that mother “‘randomly'” visited him at his house after 12 years, but he did not provide any details about those visits. He said that mother “‘says she will do things, but she does not do them.'” G.B. was not interested in participating in the court proceedings.

Grandmother told the social worker that mother had visited G.B. four times over the course of his life-once on his first birthday and then three short visits in late 2019. Mother had not attempted to schedule any visits with G.B. in the intervening 12 years and never provided grandmother with any financial support for G.B.'s care. The social worker recommended that it was in G.B.'s best interest to be freed from mother's custody and control and made available for adoption by grandmother.

In declarations opposing the petition, mother claimed that she never intended to abandon G.B. Mother claimed that for the first year of G.B.'s life, her family helped care for G.B. by purchasing items such as diapers and formula, giving grandmother money, and taking care of him on weekends. Mother said that when she was released from prison in August 2007 and G.B. was an infant, she called grandmother regularly and attempted to see G.B. According to mother, grandmother threatened her, telling mother that she would be trespassing if she came to grandmother's house and reminding mother that she was on parole. Mother says that she feared being arrested and consequently stopped trying to see G.B. But Mother also claimed to have visited G.B. at his house “on occasion” with grandmother supervising, although mother could not recall any specific dates of those visits.

Mother claimed that in 2012, grandmother told mother “to write an essay on what [her] motives and intentions for seeing [G.B.] were.” Mother also claimed to have sent “numerous letters and birthday cards” to G.B. “[o]ver the years” but received no confirmation that they had been received. Mother further asserted that in 2014 and 2015, when she was incarcerated and living at a particular transitional reentry program, her counselor encouraged her to contact grandmother, so she called and wrote grandmother on a weekly basis but did not receive any response. Mother said her counselor left voice messages for grandmother as well and received no response.

In October 2019, when G.B. was 12 years old, mother arrived unannounced at grandmother's house and was allowed to visit G.B. with grandmother's supervision. Mother said that G.B. was happy to see her, called her “Mom, ” and told her that he loved her. Mother then attended three or four of G.B.'s soccer games. Mother believed that G.B. was afraid to talk to her at those games. Mother said that in November 2019 grandmother refused to let mother speak to G.B. on the telephone because he was sick, but mother also said that telephone conversation was the last time she spoke with G.B.)

In December 2019, mother was diagnosed with stage four cancer with a poor prognosis, and she wanted to establish a relationship with G.B. In February 2020 (before grandmother filed her petition under section 7822(a)(2)), mother filed a request for order in a family court proceeding against father seeking visitation with G.B.

In her opposition to grandmother's petition, mother stated that she did not want custody of G.B. Mother added, “I wish to emphasize that my intention is not, and has never been, to take [G.B.] away from [grandmother] as I understand that is who raised him, and it is simply in his best interests that he remains in her primary care.”

Mother and grandmother testified at a contested hearing, and father testified at an earlier hearing. Father testified that grandmother had done “a great job” raising G.B. Father did not object to terminating his parental rights so that grandmother could adopt G.B. Father believed that it was in G.B.'s best interest for grandmother to adopt G.B.

Grandmother testified that she had financially supported G.B. his entire life (14 years) since he started living with her when he was two days old. According to grandmother, mother never provided any financial support for G.B. but did provide a few outfits for G.B. around his first birthday. Mother also visited G.B. once or twice before his first birthday, again on his first birthday in 2007, and once for 15 minutes a few months after his first birthday. After that, mother did not have any contact with G.B. until 2019. Grandmother testified that she never prevented mother from seeing G.B. or denied any request by mother to see G.B. Grandmother explained that she was able to sign G.B. up for school only with father's help.

Grandmother gave the following account of mother's recent contacts with G.B.: In October 2019, Mother arrived unannounced at grandmother's house and told grandmother that she was sick, so grandmother introduced her to G.B. and let them spend some time together, mostly under grandmother's supervision. Mother promised to donate to G.B.'s school fundraiser, to buy him electronics and certain clothing he wanted, and to sign his passport application so he could travel on a school trip to Mexico. G.B. seemed happy. Mother accompanied G.B. to his room without grandmother so G.B. could show mother his “LEGO”s. The visit lasted approximately one hour.

Grandmother invited mother to one of G.B.'s soccer games a few days later, and mother attended. After the game, mother went to G.B., who was among other players, and put her hands around him and on his face. Mother visited with G.B. for approximately 15 minutes. G.B. told grandmother he did not want mother to attend any more of his games. One week later, mother attended a second soccer game and visited with him for approximately 15 minutes. Mother wanted to go out to eat with G.B., but he did not want to go.

Around 10 days later, mother was supposed to get documents notarized for G.B.'s passport, but she missed the appointment and did not call grandmother. G.B. was sad because he was looking forward to getting his passport. Mother did not give G.B. Christmas or birthday cards or gifts in 2019 or 2020.

Grandmother testified that G.B. performed well in school, played various sports and musical instruments, and travelled with grandmother. Grandmother had a good relationship with G.B. and loved him very much. G.B. called her “mom.” Grandmother wanted to adopt G.B. and believed it would be in his best interest. Grandmother sought to adopt G.B. after mother filed for visitation in the family law proceeding against father because grandmother believed that G.B. needed a permanent home from which he understood that no one could remove him.

Mother testified and admitted that she had not provided any financial support for G.B. Over the course of his life, she had been incarcerated four times starting in 2007 for a total of approximately nine years by the time of the hearing in 2021. Mother admitted that she had not filed any actions seeking custody or visitation of G.B. before 2020. However mother claimed that she had attempted to contact G.B. “many of times” by calling and leaving voice messages and by sending “hundreds of letters to the house” while she was incarcerated. Mother said she never received a response. Mother could not recall the specific dates that she had attempted to communicate with G.B. Mother stated that on more than one occasion grandmother had threatened to call mother's probation officer if mother showed up at grandmother's residence, because mother would be trespassing. Mother also said that most of the requests she made “to have contact...