What is a Modification of Custody Order?

Useful Rulings on Modification of Custody Order

Recent Rulings on Modification of Custody Order

EMLYNN TURSICK IANNELLI AND RALPH IANNELLI

Modification of a final custody order requires the threshold showing of a “persuasive showing of changed circumstances affecting the child.” (In re Marriage of Carney (1979) 23 Cal.3d 735,730; Enrique M. v. Angelina V. (2004) 121 Cal.App.4th 1371; Marriage of McLoren (1988) 202 Cal.App.3d 108,112. The Court finds that Emlynn has failed to establish any significant change in circumstances since entry of judgment such that a change in custody is required. The Court denies Emlynn’s Request for Modification.

  • Hearing

    Jul 10, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

JOSE RAMIREZ V. CRISTINA BELTRAN

Nature of Proceedings: Req. for Order: Modification Child Custody/Child Support Req. for Order: Modification Child Custody/Child Support Attorneys: Petitioner (”father”) in pro per; Geoff Conner Newlan for Respondent (“mother”) Ruling: Based upon the ANALYSIS set out below, both mother’s and father’s request to modify the current schedule is DENIED. ANALYSIS Background: this case has seen a lot of courtroom time ever since it was filed in 2013.

  • Hearing

    Dec 17, 2019

AMALIE LOPEZ V JOSE ANGEL LOPEZ GASTELUM

Nature of Proceedings: Req. for Order: Modification Visit/Peacefull Exchange of Minor Children/Emergency Contact Method Req. for Order: Modification Visit/Peaceful Exchange of Minor Children/ Emergency Contact Method Attorneys: Petitioner in pro per Respondent in pro per Ruling: There is now put in place a custody order for the minor child, Jose Angel Lopez Jr. (DOB: 06/25/2016, age 3); mother shall have sole physical and legal custody of this minor child.

  • Hearing

    Dec 03, 2019

ORLANDO GONZALEZ ESTRADA V. MAYRA DEL CARMEN ROCHA

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Nov 19, 2019

DANA COOK V. MAXX HENNARD

Confirm the current joint legal custody order and modify the current sole physical custody order in mother’s favor, to joint physical custody; 3.

  • Hearing

    Nov 12, 2019

CAROLIN ISABELLE HAUSER AND DANIEL SCKOLNIK

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Nov 12, 2019

MEGAN J HAVRDA VS S ASHER SUND

Asher’s DV-100 On 9/25 Asher sought an DV-100 order for himself and the minor child Teo age 4; included personal conduct order and stay-away orders; wanted the child custody order “changed;” the Court issued a TRO on 9/26 and set it to expire at the hearing set for 10/15; the Court did not change the custody and visitation order which according to Asher is “shared custody of Teo on an equal basis;” they each signed a Settlement Agreement attached to their judgment, filed June 23, 2017, in this case, that

  • Hearing

    Oct 22, 2019

CHARITY THOMAN AND DAVID THOMAN

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Oct 15, 2019

LINDSEY GARCIA AND FEDERICO GARCIA

At the time the RFO was filed father reported he believed mother was in jail; requests that this Court modify the current custody order of daughter, Nyah DOB: 02/10/2008, to the following: Sole legal and physical custody to father, visitation to mother, Professionally Supervised, every other Saturday from 1:00 p.m. to 4:00 p.m. Mediation reported on 9/24/19 that the mediation did not occur because: Petitioner failed to appear at scheduled mediation.

  • Hearing

    Oct 15, 2019

MEGAN J HAVRDA VS S ASHER SUND

On 9/25 Asher sought an DV-100 order for himself and the minor child Teo age 4; included personal conduct order and stay-away orders; wanted the child custody order “changed;” the Court issued a TRO on 9/26 and set it to expire at the hearing set for 10/15; the Court did not change the custody and visitation order which according to Asher is “shared custody of Teo on an equal basis;” they each signed a Settlement Agreement attached to their judgment, filed June 23, 2017, in this case, that provided for a roughly

  • Hearing

    Oct 15, 2019

MARCUS NATALE V. RACHEL JACKSON

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Oct 01, 2019

COURTNEY JERGE V. XXXXXXXXXXXXXXXXXXX

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Sep 24, 2019

ROBERT FICK V. ASHLEY O'BRIEN

Mother OSC re Contempt On the same date, 8/16, mother filed a 48 page OSC re Contempt; charges father has disobeyed “Domestic violence restraining orders and child custody and visitation orders;” She charges that father has violated the order issued on July 17, 2018. The custody order is as follows: * Pick up/Drop off Friday, May 17, 2019 at 7:00 pm - Sunday, May 19, 2019 at 7:00 pm. * Exchange point at 605 E.

  • Hearing

    Sep 17, 2019

ROBERT FICK V. ASHLEY O'BRIEN

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Jul 30, 2019

ALICE R. BERKOWITZ VS BOARD OF PSYCHOLOGY, ET AL.

Berkowitz also recommended that Father not be allowed to visit Child until a more appropriate custody order was in place. Id. Child “has been played with like a toy by an angry, vengeful father, and that must come to an immediately.” Id. On January 3, 2014, Oyler referred to Berkowitz, who was present in the courtroom, as a “therapist” who was retained to have sessions alone with Child, who could then voice her concerns to the therapist outside Mother’s presence. AR 1052.

  • Hearing

    Jul 18, 2019

  • Type

    Administrative

  • Sub Type

    Writ

MICHELE VILLANO AND JEFFREY SCOTT VILLANO

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Jul 02, 2019

COUNTY OF SANTA BARBARA V. TRENTON FREDRICK SCHIRMER/XXXXXXXXXXX OTHER PARENT

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Jun 11, 2019

SUSANNA MUNOZ V. MICHAEL MATA

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Jun 04, 2019

SUSANNA MUNOZ V. MICHAEL MATA

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Apr 23, 2019

NATHALIE CONTRO CASTRO AND PEDRO CASTRO

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Apr 23, 2019

JACQUELINE ENCARNACION V. MANUEL MIER-RIVERA

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Mar 05, 2019

JENNIFER LYNN DIAZ AND TERESA GALLEGOS

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Feb 26, 2019

ERICA BELLO AND MARTIN MANZANAREZ

Nature of Proceedings: Req. for Order: Modification Child Custody/Child Support Father’s RFO Attorneys Erica Bello, Petitioner (“Mother”) is self-represented Marcus Morales, Attorney for Respondent (“Father”) Rulings: 1. Father’s time share request is GRANTED.

  • Hearing

    Jan 08, 2019

ERICA BELLO AND MARTIN MANZANAREZ

Nature of Proceedings: Req. for Order: Modification Child Custody/Child Support Father’s RFO for Modification Child Custody/Child Support Attorneys: Petitioner [“mother”] in pro per; Marcus Morales for Respondent [“father”] Ruling: The Court must hear from mother before making any ruling: the matter is continued to 12/18; mother’s response due 12/10; father’s reply due 12/13 (email a courtesy copy to the Court.)

  • Hearing

    Dec 04, 2018

CAROL S. MORGAN AND ALLEN F. MORGAN

The Court’s power is specified or implied in the statutory authorities; Family code 3022 [order determining custody of the minor child may be modified at any time court deems it necessary and proper]; Family Code 3087 [joint custody order may be modified if required by best interests of child]; Family Code 3120 [order or decree may be modified at any time as natural rights of parties and best interests of children require.

  • Hearing

    Nov 20, 2018

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