Mohamed Takfaoui v. Maira Carolina Martinez de Paz

Mohamed Takfaoui (Father) filed a Request for Order on April 24, 2026, seeking sole legal custody and joint physical custody. Father proposes a structured visitation schedule with Maira Carolina Martinez de Paz (Mother) that includes the following elements: (1) Tuesday and Wednesday mornings and Thursdays and Mondays after 4:00 PM, (2) no use of alcohol of illicit substances around the child during parenting time, (3) no overnight visits outside the child’s primary residence, and (4) limiting exposure on social media. The parties have a shared daughter, Samara Takfaoui (DOB 10/26/2025).

Mother did not file a responsive declaration.

The parties were referred to Marin Family Court Services (FCS) for child custody recommending counseling and mediation. Father was interviewed by FCS. Mother did not appear for her interview. FCS issued its report May 7, 2026.

There is a parallel proceeding involving Mother in which Father is the protected person. (CR0001968).) Associated with this proceeding, a Criminal Protective Order Pending Trial was issued on September 9, 2025, with Father as the Protected Person. On March 30, 2026, Mother plead guilty to misdemeanor charges and is on probation until September 8, 2028, for violations of Penal Code 273.5 (inflict injury on spouse/cohab), Penal Code 243 (battery on spouse), and Penal Code 166 (contempt/disobey). On March 30, 2026, this Court issued an order modifying probation ordering that Mother was to serve a 60-day custodial sentence on the Custody Alternative Program. Mother is currently serving her custodial sanction on house arrest.

FCS offered the following recommendation with respect to child custody orders relating to Samara:

“Without input from Maira, the information is limited. However, there is sufficient information for FCS to have concerns about Samara in Maira’s care. Maira should be compelled to participate in the FCS process so more information can be provided, and Samara’s needs can be considered more thoroughly. In the meantime, the following recommendations are submitted. Given the Criminal Protective Order, it is possible that sole legal custody to Mohmad is a more appropriate order. In addition, the schedule for Samara to be with Mohamed was based on his work schedule and availability. The intent of FCS is that he should have at least three days a week with Samara for five hours each day, at a minimum.”

The Court has reviewed the FCS report, the submissions by Father, and the pleadings and orders in the accompanying criminal case. The Court finds good cause and that it is in the best interest of the minor child, Samara, to adopt the FCS recommendations, as modified, as follows:

Parental Responsibilities

1. The parents shall share joint legal custody of Samara. The parents shall share in the responsibility and confer in good faith on matters concerning the child’s health, education and welfare. Both parents shall have access to the child’s school, medical, mental health, and dental records and the right to consult with professionals who are providing services to the child.

2. The parents shall share joint physical custody of Samara.

Timeshare Schedule

3. Samara shall continue to be primarily with Maira and shall be with Mohamed on the following schedule:

• Every Monday from 12:00 to 5:00 • Every Tuesday from 10:00 to 3:00 • Every Wednesday from 10:00 to 3:00

4. All exchanges shall take place at the police station in San Rafael.

5. Any changes to the schedule shall occur as mutually agreed upon by the parents.

Collateral Issues

6. Both parents shall be law abiding.

7. Neither parent shall consume any alcohol while caring for Samara.

8. Neither parent shall use any illegal drugs (or any prescription drugs beyond their prescribed amount) while caring for Samara.

9. Samara shall not be exposed to any drugs or drug paraphernalia.

10. The parents (and any other adults) shall engage in peaceful contact only in the presence of Samara.

11. Both parents shall take a co-parenting class and bring proof of participation to any future court hearings.

Neither parent shall change Samara’s residence from Marin County without written permission from the other parent, or a court order As authorized by CRC Rule 5.125, the Court shall prepare the Findings and Order After Hearing.

Parties must comply with Marin County Superior Court Local Rules, Rule 7.12(B), (C), which provide that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 7.12(C), the tentative ruling shall become the order of the court.

IT IS ORDERED that evidentiary hearings shall be in-person in Department B. For routine appearances, the parties may access Department B for video conference via a link on the court website. Litigants in the virtual courtroom are required to leave the video screen on and wait for your case to be called.

FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence.