Change of Child Custody; Modification of Legal Custody
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 MICHELLE K DIAMOND,) Case Number: FDI-21-795339) 7 Petitioner) Hearing Date: August 6, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 LEE S DIAMOND,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 CHANGE OF CHILD CUSTODY, OST; MODIFICATION OF LEGAL CUSTODY (RE JONAH 13 DIAMOND) 14 TENTATIVE RULING 15 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 16 Court makes the following findings and orders: 17 A. Procedural History 18 1) The parties are Petitioner Michelle Diamond (Mother) and Respondent Lee Diamond (Father). 19 They share two minor children: Jonah Diamond (age 11) and Micah Diamond (age 8). 20 2) On June 30, 2026, Father filed a request for emergency child custody orders.
In particular, Father 21 is seeking tie-breaking authority for all education related decisions as to Jonah. 22 3) On July 27, 2026, Mother filed a Responsive Declaration in which she asks the Court to deny 23 Father’s requests. 24 4) On July 27, 2026, Mother’s attorney, Kate Merrill filed a “Declaration in Response to 25 Respondent’s Request Regarding Grade Retention.” 26 B. Findings and Order 27 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 28 Custody Jurisdiction and Enforcement Act.
A violation of this order may subject the party in 29
1 violation to civil or criminal penalties, or both. The country of habitual residence of the minor 2 child(ren) is the United States. 3 2) Father’s requests, as contained within the emergency Request for Order he filed on June 30, 2026, 4 is DENIED. The Court has reviewed the pleadings in their entirety and the Court is not willing to 5 give either parent “tie-breaking” authority. The parties just completed an extensive year-long 6 child custody evaluation. The Court is troubled by the fact that both parents are not working 7 together.
However, the Court is compelled by the recommendations of the educational 8 professionals who have promoted Jonah to the sixth grade. The Court will not disturb their 9 recommendations. 10 3) Mother’s request for attorney’s fees is DENIED without prejudice. 11 4) All existing orders, not in conflict with the orders made herein, remain in full force and effect. 12 5) The Court will prepare the Findings and Order After Hearing. 13
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