Contra Costa County Social Service Department v. Simon

Opinion

ANDERSON, P. J.

Johnny Simon appeals from a judgment declaring B. J. B., his alleged natural son, free of his custody and control. Because the trial court expressly refused to make a finding that awarding custody to appellant would be detrimental to the child, we reverse.

*1204Facts

B. J. B. (B.) was born in October 1978 to Lorraine B. According to the birth certificate his father was Hubert B. (Hubert Sr.), then Lorraine’s husband. Hubert Sr. has maintained at all times that he is B’s natural father. However, appellant claims that he fathered the child while living with Lorraine. Lorraine has…