Request for Order - Visitation
This matter is set for hearing on Petitioner/Father’s 5/8/2026 Request for Order (“RFO”) re: modification of visitation regarding the parties’ son, Elijah (DOB 11/29/2019). Father requests changing the schedule so that he has Elijah every weekend. Respondent/Mother filed no Responsive Declaration. However, both parties were interviewed by Family Court Services (“FCS”) on 6/22/2026, and FCS filed its Report & Recommendations with the Court on 6/26/2026.
Father lives in San Rafael, and Mother lives in Millbrae. Elijah will be entering first grade for the upcoming school year in Burlingame. Per the existing order made December 2021, the parties share joint legal and physical custody of Elijah, with Elijah being in Father’s care every 1st, 2nd, 4th and (when there is one) 5th, weekends of the month from Friday at 6:30 pm to Sunday at 6:30, and on the 3rd weekend from Wednesday to Friday.
Mother opposes changing the current orders, stating she is flexible and is willing to give Father more time, but doesn’t want it court-ordered. She welcomes having Father spend time with Elijah during the weeknights. Father states it is too difficult for him to get from San Rafael to Millbrae during the work week.
Having reviewed and considered the parties’ positions, as well as the FCS Report & Recommendations, the Court finds it is in the best interests of Elijah to adopt the FCS Recommendations, as modified below. Therefore, the Court orders as follows:
1. All current orders shall remain in effect with the following additions/modifications:
2. In addition to Father’s weekend time with Elijah, he shall have the opportunity to visit with Elijah in Millbrae during the week when Father is available. Father shall
give Mother at least one week’s notice of his intent to visit and shall have Elijah home to Mother by 7:00 pm.
a. If Monday is a holiday from school and Father is not working, Elijah shall remain with Father overnight on Sunday, with return to Mother by 7:00 pm Monday.
b. Both parents shall continue to have reasonable, regular phone contact with Elijah, which shall include each Tuesday and Thursday at 6:00 pm, or as otherwise mutually agreed by the parents.
SO ORDERED.
Counsel for Father shall prepare the order.
Any party who disagrees with the Court's tentative ruling and wishes to have oral argument must notify the Court at (415) 444-7046 and opposing counsel (or if the opposing party is selfrepresented, notice must be given directly to the opposing party) of their intent to appear at the hearing for oral argument by 4:00 pm on the court day before the hearing, as required by Marin County Superior Court Family Law Local Rules 7.12(B) and (C). Notice may be given by telephone or in person. Absent proper notice, no oral argument will be permitted. If no request for oral argument is made, the tentative ruling will become the order of the Court.
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