CALIFORNIA FAMILY LAW FOR PARALEGALS, 5 th Ed. Chapter Three Child Custody

CALIFORNIA CALIFORNIA FAMILY LAW FAMILY LAW

FOR FOR PARALEGALS, 5PARALEGALS, 5thth

Ed.Ed.Chapter ThreeChapter ThreeChild CustodyChild Custody

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A. INTRODUCTIONA. INTRODUCTION No area of family law brings to the No area of family law brings to the

courtroom the tension, anxiety, hostility, courtroom the tension, anxiety, hostility, volatility, and simple raw emotion as child volatility, and simple raw emotion as child custody litigation.custody litigation.

Custody litigation is the last bastion of Custody litigation is the last bastion of “fault” in the California family courts.“fault” in the California family courts.

Issues related to children require inquiry Issues related to children require inquiry into into allall aspects of the litigant’s behavior, aspects of the litigant’s behavior, the only limitation being the requirement the only limitation being the requirement that the inquiry must focus upon a that the inquiry must focus upon a determination as to what is in the best determination as to what is in the best interests of the children.interests of the children.

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1. PRELIMINARY 1. PRELIMINARY CONSIDERATIONSCONSIDERATIONS

Family Code section 2010 vests the superior Family Code section 2010 vests the superior court with subject matter jurisdiction to court with subject matter jurisdiction to determine issues related to the custody of the determine issues related to the custody of the children and make orders that are appropriate children and make orders that are appropriate concerning the status of the marriage, the concerning the status of the marriage, the custody and support of minor children of the custody and support of minor children of the marriage, and children for whom support is marriage, and children for whom support is authorized.authorized.

It should be noted that the existence of a valid It should be noted that the existence of a valid marriage bears absolutely no relationship to the marriage bears absolutely no relationship to the propriety of a determination as to custody and propriety of a determination as to custody and visitation of minor children.visitation of minor children.

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At the outset, the parties must decide At the outset, the parties must decide whether a request for temporary custody by whether a request for temporary custody by way of an order to show cause or an ex parte way of an order to show cause or an ex parte application is required.application is required.

The next phase in the custody dispute The next phase in the custody dispute typically involves mediation, counseling, and typically involves mediation, counseling, and child custody evaluation/investigation.child custody evaluation/investigation.

Mediation is done to facilitate the parties Mediation is done to facilitate the parties working together to bring about a mutual working together to bring about a mutual agreement as to custody, which will almost agreement as to custody, which will almost always be better than one imposed by the always be better than one imposed by the court.court.

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The child custody evaluator typically will The child custody evaluator typically will interview the parents individually, together, interview the parents individually, together, together with their children, individually with together with their children, individually with their children, at his office, at the home, and their children, at his office, at the home, and conduct interviews with the children conduct interviews with the children independent of the parents (depending, of independent of the parents (depending, of course, on the child’s age).course, on the child’s age).

Most experienced child custody evaluators Most experienced child custody evaluators will produce reports that are on the average will produce reports that are on the average approximately 25 to 50 pages in length.approximately 25 to 50 pages in length.

The court then has this available as additional The court then has this available as additional evidence to assist it in making the final evidence to assist it in making the final determination as to custody and visitation.determination as to custody and visitation.

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2. JURISDICTIONAL 2. JURISDICTIONAL CONSIDERATIONSCONSIDERATIONS

The juvenile court is a separate yet equal The juvenile court is a separate yet equal branch of the superior court whose branch of the superior court whose functions generally take precedence over functions generally take precedence over family law matters and, in the event of a family law matters and, in the event of a conflict between the juvenile court and conflict between the juvenile court and the family law court, will take precedence the family law court, will take precedence in making determinations as to custody.in making determinations as to custody.

These proceedings fall generally within These proceedings fall generally within the category of what is referred to as the the category of what is referred to as the dependency courtdependency court..

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Matters involving the dependency court typically Matters involving the dependency court typically originate when the child is taken out of the home originate when the child is taken out of the home by the County Department of Public Social by the County Department of Public Social Services (DPSS) as a result of being advised either Services (DPSS) as a result of being advised either by a teacher, a doctor, a police officer, or an by a teacher, a doctor, a police officer, or an otherwise concerned individual that a situation otherwise concerned individual that a situation exists that constitutes a danger to a child, which is exists that constitutes a danger to a child, which is not being addressed adequately in the family not being addressed adequately in the family home.home.

Generally, a DPSS social worker will respond to a Generally, a DPSS social worker will respond to a complaint regarding child abuse or child complaint regarding child abuse or child endangerment by instituting an investigation of endangerment by instituting an investigation of the allegations and formulating an opinion as to the allegations and formulating an opinion as to whether DPSS intervention is required.whether DPSS intervention is required.

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Within a very short period of time Within a very short period of time thereafter, the matter is called before thereafter, the matter is called before the court much like an arraignment in a the court much like an arraignment in a criminal court proceeding at which time criminal court proceeding at which time the court makes a preliminary the court makes a preliminary determination as to whether sufficient determination as to whether sufficient facts exist to justify intervention of facts exist to justify intervention of DPSS and to justify a petition being filed DPSS and to justify a petition being filed to have the child declared a ward of the to have the child declared a ward of the court.court.

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The court will then maintain jurisdiction The court will then maintain jurisdiction over this child and will maintain the child’s over this child and will maintain the child’s status as a ward of the court for a specific status as a ward of the court for a specific period of time (usually at least one year) period of time (usually at least one year) and will require that all of the parties and will require that all of the parties return to the court to reevaluate the return to the court to reevaluate the situation at that time.situation at that time.

In certain cases, the juvenile court has the In certain cases, the juvenile court has the authority to terminate the parental rights of authority to terminate the parental rights of the natural parents and put the child up for the natural parents and put the child up for adoption.adoption.

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Child custody jurisdiction is based upon Child custody jurisdiction is based upon the relationship of the state to the the relationship of the state to the childchild, , not to the parents.not to the parents.

Assuming the child is present in the Assuming the child is present in the state where the matter is being state where the matter is being adjudicated, the court is fully adjudicated, the court is fully empowered to make whatever orders it empowered to make whatever orders it deems necessary and in the best deems necessary and in the best interests of the minor child whether or interests of the minor child whether or not the parents are subject to the not the parents are subject to the state’s personal jurisdiction.state’s personal jurisdiction.

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3. THE UCCJEA3. THE UCCJEA The Uniform Child Custody Jurisdiction and The Uniform Child Custody Jurisdiction and

Enforcement Act (UCCJEA) is designed to Enforcement Act (UCCJEA) is designed to avoid competition between jurisdictions and avoid competition between jurisdictions and conflicts between courts of different states in conflicts between courts of different states in the resolution of child custody disputes.the resolution of child custody disputes.

The UCCJEA is also designed to assure that The UCCJEA is also designed to assure that the litigation concerning custody takes place the litigation concerning custody takes place in the state where the child and the family in the state where the child and the family have the most significant contacts (typically have the most significant contacts (typically where the child lives) concerning the child’s where the child lives) concerning the child’s care, protection, training, and personal care, protection, training, and personal relationships.relationships.

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3. THE UCCJEA3. THE UCCJEA It discourages continuing controversies It discourages continuing controversies

in the area of child custody litigation in the area of child custody litigation that might otherwise occur if the parties that might otherwise occur if the parties could run from state to state or from could run from state to state or from jurisdiction to jurisdiction with impunity jurisdiction to jurisdiction with impunity and attempt to relitigate the same issues and attempt to relitigate the same issues over and over again.over and over again.

The UCCJEA (or some similar version The UCCJEA (or some similar version thereof) has been adopted by all states, thereof) has been adopted by all states, the District of Columbia, and the Virgin the District of Columbia, and the Virgin Islands.Islands.

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3. THE UCCJEA3. THE UCCJEA

The UCCJEA is subject only to the provisions of The UCCJEA is subject only to the provisions of the Federal Parental Kidnapping Prevention Act the Federal Parental Kidnapping Prevention Act (FPKPA).(FPKPA).

This federal act is substantially similar to the This federal act is substantially similar to the UCCJEA and primarily makes matters involving UCCJEA and primarily makes matters involving parental kidnapping a question of “overriding parental kidnapping a question of “overriding federal policy.”federal policy.”

To the extent any of the provisions of the FPKPA To the extent any of the provisions of the FPKPA conflict with the UCCJEA, the doctrine of federal conflict with the UCCJEA, the doctrine of federal preemption instructs that the FPKPA shall control preemption instructs that the FPKPA shall control (since it is federal law, and the UCCJEA is a state (since it is federal law, and the UCCJEA is a state law).law).

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The Federal International Parental The Federal International Parental Kidnapping Crime Act of 1993 makes Kidnapping Crime Act of 1993 makes it a felony to remove or detain a child it a felony to remove or detain a child under the age of 16 outside of the under the age of 16 outside of the U.S. with the intent to obstruct U.S. with the intent to obstruct parental rights.parental rights.

The defenses to a charge of violating The defenses to a charge of violating this Act include acting pursuant to a this Act include acting pursuant to a valid court order, fleeing to avoid valid court order, fleeing to avoid child abuse, and things of this nature.child abuse, and things of this nature.

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The Missing Children Act compels the FBI to The Missing Children Act compels the FBI to maintain an extensive database of maintain an extensive database of information related specifically to missing information related specifically to missing children.children.

This database will be made available to any This database will be made available to any parent who has reported a missing child.parent who has reported a missing child.

The Federal Fugitive Felon Act authorizes The Federal Fugitive Felon Act authorizes the issuance of a federal warrant for the the issuance of a federal warrant for the apprehension of a parent who takes a child apprehension of a parent who takes a child in violation of any state’s felony child in violation of any state’s felony child abduction laws and who then crosses state abduction laws and who then crosses state lines with the child to avoid prosecution.lines with the child to avoid prosecution.

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The Hague Convention generally provides a The Hague Convention generally provides a mechanism of uniformity in resolving child-mechanism of uniformity in resolving child-related disputes across international related disputes across international boundaries, much as the UCCJEA seeks to boundaries, much as the UCCJEA seeks to achieve across state lines.achieve across state lines.

To invoke the Convention, the aggrieved parent To invoke the Convention, the aggrieved parent or interested party files an application for or interested party files an application for assistance with the “central authority” of the assistance with the “central authority” of the member country that establishes compliance member country that establishes compliance with the Convention’s procedures and an with the Convention’s procedures and an appropriate basis for invocation of its appropriate basis for invocation of its provisions.provisions.

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As a general rule, the Hague Convention As a general rule, the Hague Convention will use the child’s “habitual residence” will use the child’s “habitual residence” as the basis for its jurisdiction.as the basis for its jurisdiction.

See page 82 for list of countries that are See page 82 for list of countries that are parties to the Hague Convention.parties to the Hague Convention.

The Hague Convention applies to The Hague Convention applies to children under 16 years of age only, children under 16 years of age only, since these older children have a strong since these older children have a strong voice to determine where they wish to voice to determine where they wish to live in any event.live in any event.

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The action must be brought within one The action must be brought within one year of the child’s removal, unless the year of the child’s removal, unless the facts show the child’s whereabouts had facts show the child’s whereabouts had been deliberately concealed during that been deliberately concealed during that year.year.

The defenses to a Hague Convention The defenses to a Hague Convention Case are generally as follows: see page Case are generally as follows: see page 83.83.

The fundamental analysis of a Hague The fundamental analysis of a Hague Convention Case follows these lines: see Convention Case follows these lines: see page 83.page 83.

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4. DEFINITIONS4. DEFINITIONS

a) a) Legal and Physical CustodyLegal and Physical Custody The concept of The concept of legal custodylegal custody pertains to the pertains to the

right and responsibility of the legal custodian right and responsibility of the legal custodian to make decisions relating to the child’s to make decisions relating to the child’s health, education, and welfare.health, education, and welfare.

Civil Code section 1714.1 makes a parent who Civil Code section 1714.1 makes a parent who exercises legal custody and control over a exercises legal custody and control over a minor liable for up to $10,000 in damages minor liable for up to $10,000 in damages resulting from acts of the minor that caused resulting from acts of the minor that caused death, physical injuries, property damage, or death, physical injuries, property damage, or defacement of property with paint.defacement of property with paint.

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Physical custodyPhysical custody refers to where the child will refers to where the child will reside.reside.

The parent exercising physical custody over the The parent exercising physical custody over the child will be generally thought as the child will be generally thought as the custodial custodial parentparent while the other parent is commonly while the other parent is commonly referred to as the referred to as the visiting parentvisiting parent..

An award of physical custody is often An award of physical custody is often considered much more significant than an considered much more significant than an award of legal custody because the parent with award of legal custody because the parent with whom the child is residing typically will whom the child is residing typically will exercise the lion’s share of the decision making exercise the lion’s share of the decision making in issues pertaining to the child’s health, in issues pertaining to the child’s health, education, and welfare.education, and welfare.

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b) b) Joint and Sole CustodyJoint and Sole Custody Sole physical custodySole physical custody means that the child will means that the child will

primarily reside with and be supervised by one primarily reside with and be supervised by one particular parent, while the other parent will particular parent, while the other parent will simply visit.simply visit.

The right to make decisions regarding the child’s The right to make decisions regarding the child’s residence, health, education, and welfare will be residence, health, education, and welfare will be shared by both parents if an award of shared by both parents if an award of joint legal joint legal custodycustody exists. exists.

Sole legal custodySole legal custody means that one parent only is means that one parent only is the decision making parent concerning issues the decision making parent concerning issues relating to the child’s health, education, and relating to the child’s health, education, and welfare.welfare.

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The concept of The concept of joint custodyjoint custody can be broken down can be broken down into three basic categories: pure joint custody, into three basic categories: pure joint custody, joint legal custody, and joint physical custody.joint legal custody, and joint physical custody.

In In pure joint custodypure joint custody neither parent exercises neither parent exercises exclusive control over legal or physical custodial exclusive control over legal or physical custodial rights.rights.

All decisions relating to the child’s health, All decisions relating to the child’s health, education, and welfare are shared jointly by both education, and welfare are shared jointly by both parents, and the child does not reside at any one parents, and the child does not reside at any one parent’s house for significantly more than 50 parent’s house for significantly more than 50 percent of the time.percent of the time.

Under Under joint legal custodyjoint legal custody, the parents will share , the parents will share equally the rights and responsibilities to make equally the rights and responsibilities to make decisions regarding the child’s health, education, decisions regarding the child’s health, education, and welfare.and welfare.

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Joint physical custodyJoint physical custody contemplates that each contemplates that each parent has a significant period of physical parent has a significant period of physical custody.custody.

This is typically thought of as This is typically thought of as shared physical shared physical custodycustody, and under these circumstances the , and under these circumstances the child will roughly split her time between the child will roughly split her time between the parents’ respective homes.parents’ respective homes.

The child’s time does not need to be divided The child’s time does not need to be divided absolutely equally between the parents under a absolutely equally between the parents under a joint physical custody order.joint physical custody order.

Rather, all that is necessary is that the custody Rather, all that is necessary is that the custody must be shared in such a way as to assure must be shared in such a way as to assure “frequent and continuing contact” of the child “frequent and continuing contact” of the child with both parents.with both parents.

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5. STATUTORY 5. STATUTORY CONSIDERATIONSCONSIDERATIONS

The legislature makes it clear that when it The legislature makes it clear that when it comes to awarding custody of a minor child a comes to awarding custody of a minor child a fundamental aspect of this public policy is to fundamental aspect of this public policy is to assure assure frequent and continuing contactfrequent and continuing contact of that of that child with child with both parentsboth parents..

This mandate may be disregarded only upon a This mandate may be disregarded only upon a finding that its compliance would be finding that its compliance would be detrimental to the detrimental to the best interests of the minor best interests of the minor childrenchildren..

The history of abuse by one parent against the The history of abuse by one parent against the other parent is a significant factor in the other parent is a significant factor in the court’s eye in making determinations as to court’s eye in making determinations as to child custody.child custody.

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Family Code section 3040 describes Family Code section 3040 describes the statutory order of preference the statutory order of preference with respect to the legislature’s with respect to the legislature’s interpretation of the mandate of interpretation of the mandate of Family Code section 3011 (that is, Family Code section 3011 (that is, making a custody award that is in making a custody award that is in the best interests of the minor the best interests of the minor child).child).

See page 100.See page 100.

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The court The court cannotcannot award custody to a person award custody to a person other than a parent, without the consent of the other than a parent, without the consent of the parents, until and unless it makes a finding “that parents, until and unless it makes a finding “that granting custody to a parent would be granting custody to a parent would be detrimental to the child and that granting detrimental to the child and that granting custody to a nonparent is required to serve the custody to a nonparent is required to serve the best interest of the child.”best interest of the child.”

Note that this is two prong test: The court must Note that this is two prong test: The court must specifically find that awarding custody to the specifically find that awarding custody to the parent would be detrimental to the child parent would be detrimental to the child andand awarding custody to a nonparent would serve awarding custody to a nonparent would serve the mandate of Family Code section 3011 in the the mandate of Family Code section 3011 in the minor child’s best interests.minor child’s best interests.

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The opinion of a teenage child will carry The opinion of a teenage child will carry much greater weight with respect to this much greater weight with respect to this issue than that of a child under ten.issue than that of a child under ten.

It is generally thought that by age 12 a It is generally thought that by age 12 a child can form and express an intelligent, child can form and express an intelligent, reasoned opinion on the subject of with reasoned opinion on the subject of with whom he or she wishes to live.whom he or she wishes to live.

Although the child does not have the Although the child does not have the unfettered decision-making power on this unfettered decision-making power on this issue, the courts will start to give greater issue, the courts will start to give greater weight to the child’s preference at this weight to the child’s preference at this more than at an earlier age.more than at an earlier age.

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Family Code sections 3002, 3003, 3004, 3006, Family Code sections 3002, 3003, 3004, 3006, and 3007 set forth these definitions as follows: and 3007 set forth these definitions as follows: see page 102.see page 102.

Family Code section 3080 provides that upon the Family Code section 3080 provides that upon the mutual agreement of the parties to an award of mutual agreement of the parties to an award of joint custody, either in open court or by written joint custody, either in open court or by written stipulation, there shall exist a presumption stipulation, there shall exist a presumption affecting the burden of proof that joint custody is affecting the burden of proof that joint custody is in the best interests of the minor child.in the best interests of the minor child.

Assuming joint custody is not found to be in the Assuming joint custody is not found to be in the best interests of the minor child, then the court best interests of the minor child, then the court must choose between the parents in awarding must choose between the parents in awarding custody.custody.

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Family Code section 3040 specifically Family Code section 3040 specifically precludes preference of one parent over the precludes preference of one parent over the other simply on the basis of gender.other simply on the basis of gender.

Neither can race nor religion, in and of Neither can race nor religion, in and of themselves, be the basis for accepting or themselves, be the basis for accepting or rejecting a parent as the custodial parent of a rejecting a parent as the custodial parent of a minor child.minor child.

Similarly, a parent’s economic status will not Similarly, a parent’s economic status will not be the determinative factor in the child be the determinative factor in the child custody arena.custody arena.

A parent’s particular sexual preference will A parent’s particular sexual preference will not necessarily brand him or her as an not necessarily brand him or her as an unsuitable custodial parent nor will a physical unsuitable custodial parent nor will a physical or mental handicap act in this fashion.or mental handicap act in this fashion.

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Finally, a decision by one parent to cohabit Finally, a decision by one parent to cohabit (live in a nonmarital union with a lover) will not (live in a nonmarital union with a lover) will not be deemed a per se basis for disqualification as be deemed a per se basis for disqualification as a custodial parent.a custodial parent.

The focus is on the child’s needs for emotional The focus is on the child’s needs for emotional stability and the parent’s ability to love the stability and the parent’s ability to love the child and give the child ethical, emotional, and child and give the child ethical, emotional, and intellectual guidance.intellectual guidance.

While not an exhaustive list, the following sets While not an exhaustive list, the following sets forth some of the considerations the court have forth some of the considerations the court have grappled with in this area of awarding custody grappled with in this area of awarding custody and establishing visitation: see pages 105-106.and establishing visitation: see pages 105-106.

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6. MEDIATION AND 6. MEDIATION AND CONCILIATIONCONCILIATION

Family Code sections 3160 et seq. establish Family Code sections 3160 et seq. establish the statutory scheme for the mediation of the statutory scheme for the mediation of contested child custody and visitation contested child custody and visitation disputes.disputes.

The directive of these code sections is The directive of these code sections is mandatory.mandatory.

The parties have no choice as to whether to The parties have no choice as to whether to go to mediation.go to mediation.

The Code is quite clear that in any contested The Code is quite clear that in any contested custody matter “the court custody matter “the court shallshall set the set the contested issue for mediation.”contested issue for mediation.”

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6. MEDIATION AND 6. MEDIATION AND CONCILIATIONCONCILIATION

Nothing that occurs in mediation is Nothing that occurs in mediation is binding upon the parties.binding upon the parties.

The mediator can only help to The mediator can only help to affect an affect an agreementagreement and is not empowered to and is not empowered to make any orders on these issues of any make any orders on these issues of any kind.kind.

The mediation process is provided free The mediation process is provided free of charge through the superior court and of charge through the superior court and is usually undertaken at the courthouse.is usually undertaken at the courthouse.

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7. TEMPORARY CUSTODY 7. TEMPORARY CUSTODY AWARDS; MODIFICATIONAWARDS; MODIFICATION

The courts view the status quo of the minor The courts view the status quo of the minor child as one of the most fundamental child as one of the most fundamental determinative factors when approaching determinative factors when approaching custody and visitation disputes.custody and visitation disputes.

The courts stress above all things the ability The courts stress above all things the ability to achieve and maintain stability in the to achieve and maintain stability in the child’s environment when determining what child’s environment when determining what is in the best interests of the minor child.is in the best interests of the minor child.

One of the best ways to achieve this One of the best ways to achieve this stability is by maintaining the status quo.stability is by maintaining the status quo.

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The parent who is first able to The parent who is first able to establish a stable and loving living establish a stable and loving living environment for the child is in a much environment for the child is in a much better position than the other parent better position than the other parent to obtain permanent custody.to obtain permanent custody.

Custody determinations are typically Custody determinations are typically not made ex parte.not made ex parte.

Indeed, section 3064 of the Family Indeed, section 3064 of the Family Code clearly states that: see page 109.Code clearly states that: see page 109.

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It is clear that once an initial custody It is clear that once an initial custody determination has been made, any party seeking determination has been made, any party seeking to change that custody determination must carry to change that custody determination must carry the burden of proof that a substantial change in the burden of proof that a substantial change in circumstances has transpired that warrants circumstances has transpired that warrants reevaluating the earlier custody determination, reevaluating the earlier custody determination, thus making a new determination based upon the thus making a new determination based upon the best interests of the child necessary.best interests of the child necessary.

One of the most common situations is that of the One of the most common situations is that of the custodial parent desiring to relocate to another custodial parent desiring to relocate to another area of the state or country and take the minor area of the state or country and take the minor child with her.child with her.

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Another situation that may give rise to a finding Another situation that may give rise to a finding of change in circumstances is a marked change of change in circumstances is a marked change in the child’s performance at school.in the child’s performance at school.

Sometimes even the passage of time may be Sometimes even the passage of time may be sufficient, provided it is coupled with some sufficient, provided it is coupled with some other significant effects of that passage of time.other significant effects of that passage of time.

The remarriage of a custodial (or noncustodial) The remarriage of a custodial (or noncustodial) parent may also provide a basis for a finding of parent may also provide a basis for a finding of changed circumstances, but this is a factual changed circumstances, but this is a factual determination made on a case-by-case basis.determination made on a case-by-case basis.

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In Burchard v. Garay, the Supreme Court held In Burchard v. Garay, the Supreme Court held that when there had been no prior judicial that when there had been no prior judicial determination on the issue of custody, evidence determination on the issue of custody, evidence of a change in circumstances was not required of a change in circumstances was not required before modifying a preexisting custodial scheme before modifying a preexisting custodial scheme which had been in effect without a court order.which had been in effect without a court order.

The Court continued, adding that although a The Court continued, adding that although a change in circumstances need not be proven in change in circumstances need not be proven in the absence of a prior court custody order, the the absence of a prior court custody order, the benefit to the child of a stable custodial benefit to the child of a stable custodial arrangement cannot be ignored.arrangement cannot be ignored.

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The The BurchardBurchard Court also emphasized the need, Court also emphasized the need, when the changed-circumstances rule did apply, when the changed-circumstances rule did apply, for the proof of both changed circumstances and for the proof of both changed circumstances and proof that change of custody was in the best proof that change of custody was in the best interests of the child.interests of the child.

The Supreme Court placed the burden on the The Supreme Court placed the burden on the party seeking to modify that arrangement to party seeking to modify that arrangement to show not only that, everything being equal, the show not only that, everything being equal, the child would be better off with him but that the child would be better off with him but that the change would be beneficial enough to offset the change would be beneficial enough to offset the disruption caused by the modification of disruption caused by the modification of custody.custody.

See Lester v. Lenane on page 112.See Lester v. Lenane on page 112. See Montenegro v. Diaz on page 113.See Montenegro v. Diaz on page 113.

Documents

CALIFORNIA FAMILY LAW FOR PARALEGALS, 5 th Ed. Chapter Three Child Custody