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24FL0362·eldorado·Civil·Child Custody and Visitation
Hearing 5 months agoGRANTED

Michael J. Osborne v. Cortney A. Osborne

Request for Order for custody and visitation

Hearing date
Apr 2, 2026
Department
5
Judge
Prevailing
Moving Party
Appearance
Not required

Motion type

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Parties

PlaintiffMichael J. Osborne
DefendantCortney A. Osborne

Ruling

LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 2, 2026 8:30 AM/1:30 PM

9. MICHAEL J. OSBORNE V. CORTNEY A. OSBORNE 24FL0362

On December 16, 2025, Petitioner filed a Request for Order (RFO) seeking custody and visitation orders. He filed an amended RFO on December 22nd. The amended RFO was electronically served on December 22nd however the Notice of Tentative Ruling was not served nor was the required blank FL-320. Additionally, he did not serve DCSS who is a party to the action.

Respondent filed her Responsive Declaration to Request for Order on February 20, 2026. It was served on all parties on February 18th.

Petitioner’s Reply and Declaration in Support of Reply was filed on February 26th. It was served only on Respondent.

The parties attended Child Custody Recommending Counseling (CCRC) on January 14, 2026. As they were unable to reach any agreements, a report with recommendations was prepared on February 27, 2026. It was mailed to the parties on March 2nd.

Respondent filed a Reply Declaration to Petitioner’s Reply Declaration & CCRC Report on March 5, 2026.

Because both parties attended CCRC, the court finds good cause to proceed with the RFO despite Petitioner’s failure to serve DCSS who is a party to the action.

Petitioner is requesting joint legal custody and sole physical custody of the minor.

Respondent opposes the request and asks the court to confirm the current 2-2-3 schedule and confirm the court’s orders from July 11, 2024. She further requests Petitioner be ordered to purchase a device for the minor to use while in his care and set nightly calls between the minor and Respondent.

After reviewing the filings as outlined above, the court finds the recommendations contained in the February 27, 2026 CCRC report to be in the best interests of the minor. They are hereby adopted as the orders of the court. All prior orders not in conflict with this order remain in full force and effect.

Respondent is directed to prepare the Findings and Orders After Hearing (FOAH); however, this order is effective immediately upon the court’s adoption of the tentative ruling and is not conditioned on the preparation of the FOAH.

LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 2, 2026 8:30 AM/1:30 PM

TENTATIVE RULING #9: AFTER REVIEWING THE FILINGS AS OUTLINED ABOVE, THE COURT FINDS THE RECOMMENDATIONS CONTAINED IN THE FEBRUARY 27, 2026 CCRC REPORT TO BE IN THE BEST INTERESTS OF THE MINOR. THEY ARE HEREBY ADOPTED AS THE ORDERS OF THE COURT. ALL PRIOR ORDERS NOT IN CONFLICT WITH THIS ORDER REMAIN IN FULL FORCE AND EFFECT.

RESPONDENT IS DIRECTED TO PREPARE THE FINDINGS AND ORDERS AFTER HEARING (FOAH); HOWEVER, THIS ORDER IS EFFECTIVE IMMEDIATELY UPON THE COURT’S ADOPTION OF THE TENTATIVE RULING AND IS NOT CONDITIONED ON THE PREPARATION OF THE FOAH.

NO HEARING ON THIS MATTER WILL BE HELD UNLESS A REQUEST FOR ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY PHONE CALL TO THE COURT AT (530) 621-6725 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07; SEE ALSO LEWIS V. SUPERIOR COURT, 19 CAL.4TH 1232, 1247 (1999). NOTICE TO ALL PARTIES OF A REQUEST FOR ORAL ARGUMENT AND THE GROUNDS UPON WHICH ARGUMENT IS BEING REQUESTED MUST BE MADE BY PHONE CALL OR IN PERSON BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07.

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