Request for Order - Child Custody/Visitation
Petitioner Cesar Castillo (Father) filed this parentage action and a request for order (RFO) on January 7, 2026. Father is requesting the Court order the 2/2/3 custody share the parties have informally used for their minor child Penelope. Mother requests more time and structure given Father’s recent DUI. Family Court Services (FCS) also recommended a step-up procedure with Soberlink testing. Father argues that he has taken his DUI seriously and that changing from the 50/50 timeshare would be difficult for Penelope.
The Court is pleased Father is taking steps to address his alcohol abuse. The Court also shares concern that a sudden reduction in time for Penelope may be difficult. At the same time, the Court takes judicial notice of the plea form in Father’s case in which he admitted both hit and run, refusing to take a chemical test, and a blood alcohol concentration of.24, or three times the legal limit. This conduct reflects a serious error in judgment that poses a risk to Penelope’s wellbeing.
1. Parental Timeshare: Penelope shall be in Father’s custody on alternate weekends from Friday after school through Sunday 6 PM and each Wednesday from after school (currently 1 PM) to 6:30 PM. On the weeks opposite Father’s weekends, Penelope shall be in Father’s custody on Tuesday from after school (currently 1 PM) to 6:30 PM. Penelope shall be in Mother’s custody at all other times when not in Father’s custody.
2. Father shall not consume alcohol 24 hours prior to or during his custody time.
3. Father shall submit to Sober Link testing prior to and during his custody time. Father shall test one hour prior to beginning his custody time on Fridays and Wednesdays with real-time results available to Mother. Except for Friday when he shall test twice - once prior to the start of his custody time and once again following Penelope’s bedtime), Father shall test three times a day
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on days in which he has overnights. Sober Link testing shall be in place for a period of nine months. A positive test shall result in cancellation of the visit.
4. After three months of consistent negative Sober Link tests, a Sunday overnight shall be added to Father’s alternate weekends such that he drops Penelope off at school/camp on Monday mornings.
5. Father shall not drive with Penelope until his driver’s license has been reinstated. Father shall provide Mother proof of his driver’s license being reinstated prior to driving with Penelope.
6. Father shall not take Penelope for a vacation exceeding three days and three overnights until he has successfully completed nine months’ worth of negative Sober Link tests.
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7. Father shall not take Penelope out of California absent written permission his probation officer.
8. Father shall not take Penelope out of the country without written consent from his probation officer. Parents shall give 2 weeks written notice of any travel with Penelope outside California, with itinerary and contact information.
9. Parents may agree to modifications of the timeshare in writing.
The Court sets a review hearing for September 15, 2026.
Counsel for Father is ordered to prepare the formal Findings and Order After Hearing.