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FL 2301581·marin·FamilyLaw·Child Custody / Visitation
Hearing about 2 months agoMixed

Alexander Rodriguez Garay v. Dayra Diaz

Request for Order - Visitation; Request for DNA Testing

Hearing date
Jul 21, 2026
Department
G
Prevailing
Mixed
Next hearing
Oct 13, 2026

Motion type

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Causes of action

Parties

PetitionerAlexander Rodriguez Garay
RespondentDayra Diaz

Ruling

This matter is before the Court on Petitioner/Father’s May 26, 2026 Request for Order (RFO) for visitation and a DNA test regarding the parties’ daughter Alexa (DOB 02/01/2015). Respondent/Mother filed her response on June 24, 2026.

Visitation

Father requests unsupervised visitation and DNA testing. Father stated that he completed his Rally visitation program. What he submitted was proof of completion of the intake form for Rally.

Both parties were interviewed together by Family Court Services (“FCS”), and FCS filed its Report & Recommendations with the Court on July 17, 2026.

Based on the information before the Court, it appears that the best interest of the minor child, Alexa, will be served by adopting the FCS recommendations as modified herein.

1. Alexa shall have professionally supervised visits with Father one time each week. While waiting for Rally’s availability, they may have supervised video visits. The video visits may be supervised by a responsible adult of Mother’s choosing.

2. The family shall be referred back to Family Court Services in October in order for Alexa to be interviewed and the situation reviewed.

The matter is continued for a review hearing on October 13, 2026.

DNA Testing

Father did not submit any evidence to support DNA testing at this time. In any event, Father had 2 years to file a request to attempt to set aside the judgement of paternity from the date he became aware of the judgment. Father was aware of the Judgment that was entered on August 23, 2023 as he was the moving party in this action. Father’s request is DENIED. As authorized by CRC Rule 5.125, the Court shall prepare the formal Findings and Order After Hearing.

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