Parents who share custody of a child do not always agree on issues relating to how the child should be raised, like health care, supervision, and what is in the child’s best interest. As such, disagreements between co-parents are common. While parental views may not always align, parents must treat each other with civility; otherwise, it could escalate to the point where the Courts deem it necessary to impose sanctions. Recently, a California Court discussed what a party must prove to demonstrate that a co-parent’s actions rise to the level of abuse in a ruling issued in a child custody case. If you have concerns regarding custody of your child, it is smart to contact a trusted San Diego child custody lawyer to discuss your rights.
Factual and Procedural Background
Reportedly, the mother filed a petition for dissolution in October 2015, and the marriage was terminated in November 2018. The parties have one 10-year-old daughter born of the marriage and co-parent pursuant to visitation and custody orders. When the child was 8, the father had primary custody, and the mother had professionally supervised visits three times a week at a visitation center. During that time, the father brought the child to the visitation center even though she was sick.
Allegedly, the mother then became argumentative and demanded the father take the child to urgent care. The father agreed, and she accompanied him to the hospital, even though he argued it violated the terms of their custody order. The mother reportedly yelled at the father the entire time. The father then filed a request for a domestic violence restraining order (DVRO) seeking protection for himself and the child from the mother. Following a hearing, the Trial Court found the mother disturbed the father’s peace and issued a three-year DVRO. The mother appealed. Continue reading