Daniel Zivney v. Carolyn Ho

1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4

5) 6 DANIEL ZIVNEY,) Case Number: FDI-25-802197) 7 Petitioner) Hearing Date: August 6, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 CAROLYN HO,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER: CHILD CUSTODY, VISITATION (PARENTING TIME) 13 TENTATIVE RULING 14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 15 Court makes the following findings and orders: 16 A. Procedural History 17 1) Daniel Zivney (Father) and Respondent Carolyn Ho (Mother) have one minor child together, Tai 18 (DOB 3/9/2016, age 10). 19 2) On for hearing is Father’s ex parte request for joint legal custody and sole physical custody of Tai 20 with parenting time for Mother from Friday school pick up to Sunday at 7PM until she shows, 21 after taking parenting classes and enrolling in therapy, that she is capable of caring for Tai for 22 extended periods of time.

Mother opposes this request, stating the parties have followed a 2-2-3 23 parenting time schedule for the last 1.5 years, that despite some issues she has had with Tai, she is 24 fully capable of caring for him, and that the fact that Father thinks she should have Tai for an 25 extended period of time (all weekends) shows he does not think Tai is at risk while in her care. 26 The Court has reviewed and considered all of the parties’ submissions. 27 3) The Court denied Father’s ex parte request pending a hearing on the Court’s regular calendar.

The 28 matter was inadvertently set for 8/6/2026 (the Court’s Tuesday/Thursday law and motion 29

1 calendar) instead of the Monday readiness calendar, so the parties have not attended orientation 2 and mandatory mediation. 3 B. Findings and Orders 4 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child

5 Custody Jurisdiction and Enforcement Act. A violation of this order may subject the party in 6 violation to civil or criminal penalties, or both. The country of habitual residence of the minor 7 child is the United States. 8 2) The parties are ordered to attend orientation and mandatory mediation with Family Court 9 Services (FCS). 10 3) Orientation: On any Monday in August (8/10, 8/17 or 8/24), the parties shall attend orientation 11 via Zoom video from 10:45AM to 12PM by texting their name and email address to FCS at 12 (415) 238-3623 before 10AM on the Monday they choose to attend orientation. The parties are

13 not required to attend orientation on the same Monday. Orientation is designed to provide 14 information to the parties on how to work together towards reaching an agreement regarding 15 custody and parenting time. 16 4) Mediation: The parties shall attend mediation via Zoom video with FCS mediator Jeysa Martinez 17 on 9/15/2026 at 1:30PM. If that date/time does not work for the parties, they shall call FCS 18 immediately (on or before 8/7/2026) at (415) 238-3623 to reschedule the mediation. 19 5) The matter is continued to 10/6/2026 at 9AM in Department 404. At least 10 days before the 20 10/6/2026 hearing, the parties may file brief update declarations informing the Court of any new