Slideshow Transcript

1. Slide 1: Changes to Parenting Plan
2. Slide 2: C h ild C u s to d y Ma rria g e of Luc io
3. Slide 3: Ma rria g e of Luc io  Disso: 8/23/04  Two children Stipulated Judgment:  Joint legal custody  M granted sole physical custody  F given monitored visits for six hours every Sunday
4. Slide 4: Ma rria g e of Luc io  “Father shall have monitored visits with the children, with the goal of having unmonitored visits once the father’s probation is terminated.” F’s prior convictions:  2002: F pled guilty to one count of lewd conduct (3 years informal probation)  2003: F pled guilty to indecent exposure (30 days jail and 3 years formal probation)
5. Slide 5: Ma rria g e of Luc io Probation completion:  March, 2006: F completes three years of therapy and his probation ends.  April 2006: F files OSC for modification of the order F’s request:  Unmonitored visits on alternate weekends  Best interest of the children to have visits
6. Slide 6: Ma rria g e of Luc io  T/Ct: OSC dismissed, based on F’s failure to show change of circumstances  M awarded $5,000 attorney’s fees  F appeals. Your Ruling?
7. Slide 7: Ma rria g e of Luc io Court of Appeal: Reversed and remanded.  A showing that there was a change of circumstances was not required  F had not requested a change in custody  F only requested a change in visitation  “Best interest test” should have been applied
8. Slide 8: Family Code, Section 3011  In making a determination of the best interest of the child in a proceeding . . . , the court shall, among any other factors it finds relevant, consider all of the following:  (a) The health, safety, and welfare of the child.
9. Slide 9: Family Code, Section 3011(continued)  (b) Any history of abuse by one parent or any other person seeking custody against any of the following:  (1) Any child to whom he or she is related . . . , or with whom he or she has had a caretaking relationship . . . .  (2) The other parent.  (3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
10. Slide 10: Family Code, Section 3011(continued)  (c) The nature and amount of contact with both parents . . . .  (d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.
11. Slide 11: Ma rria g e of Luc io
12. Slide 13: (626) 683-8113