Marco V. v. Superior Court
Marco V. seeks review of juvenile court findings and orders denying family reunification services to him under Welfare and Institutions Code section 361.5, subdivision (a) and setting a section 366.26 hearing. Marco asserts he has a fundamental right to parent his child. He argues the application of section 361.5, mandating reunification services to mothers and statutorily presumed fathers, and Family Code section 7611, describing a presumed father, contravenes his rights to due process and equal protection under the law as a biological father who cannot attain presumed father status under statutory criteria. Marco maintains that he and his child's mother and presumed father are similarly situated and therefore under principles of equal protection, he is entitled to court-ordered family reunification services.[2]
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