Request for Order – Child Custody/Visitation
This matter is set for hearing on Respondent/Father’s 2/24/2026 Request for Order (“RFO”) for modification of custody/visitation regarding the parties’ children: Emmett (DOB 3/23/2018) and Oliver (DOB: 1/25/2022). Father requests unsupervised visits, more overnights, additional involvement in the children’s school activities, permission to drive the children, and a structured “step down” for the testing protocol.
Petitioner/Mother filed a Responsive Declaration on 4/27/2026 in which she opposes Father’s requests in their entirety and asks that the current custody and visitation orders remain in place. Mother states concerns regarding Father’s recent testing results. She asks that all safeguards remain in place until Father has demonstrated sustained, long-term compliance with testing and stabilized sobriety. Father filed a Reply Declaration on 4/28/2026. The parties met, separately, with Family Court Services (“FCS”), and FCS filed its Report & Recommendations with the Court on 4/28/2026.
The Court has reviewed and considered the parties’ written submissions, as well as the current and prior FCS Reports & Recommendations. As previously stated, Father is to be applauded for the work he has done. However, three positive test results for alcohol so recently in April are concerning. Moreover, while Father minimizes missed tests, Father is admonished that, for purposes of testing protocol going forward, the Court will consider missed tests to be positive tests. Based on all of the above, the Court finds that it is in the best interests of Emmett and Oliver to adopt the FCS Recommendations, as modified below, and therefore, orders as follows:
1. All current orders shall remain in effect with the following additions/modifications:
FL0001636
Timeshare Schedule
2. Both boys shall continue to live primarily with Mother and shall be with Father on the following schedule (Week #1 and Week #2 shall be rotating):
a. Week #1: Wednesday at 3:00 p.m. to Thursday at 9:00 a.m. (or return to school/camp) and Friday at 3:00 p.m. to Saturday at 5:00 p.m.
b. Week #2: Wednesday at 3:00 p.m. to Thursday at 9:00 a.m. (or return to school/camp) and Sunday at 10:00 a.m. to Monday at 9:00 a.m. (or return to school/camp).
3. All overnights shall continue to be at Father’s parents’ home with Father’s parents also staying in the home overnight. If Father’s parents are not available for any overnight, the overnight shall not take place.
Collateral Issues
4. Father shall be permitted to drive with the boys during the daytime only, but not after 5:00 p.m. He shall forthwith provide proof of valid driver’s license and insurance to Mother, and shall not drive with the boys without both a valid driver’s license and insurance coverage.
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5. The current protocol around drug and alcohol testing shall remain in effect. (Soberlink testing every day at 7:00 am, 2:00 pm and 9:00 pm and random drug testing a minimum of two times each week. As an alternative, Father may submit to a hair follicle drug test at least once a month. See Findings and Order After Hearing filed 8/13/2025.)
SO ORDERED.
Counsel for Mother to 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.
Unless otherwise ordered by the Court, persons who requested oral argument must appear for the hearing in person or remotely via Zoom, in accordance with the Court website guidelines. If appearing remotely via Zoom (video or telephone), you are responsible for ensuring you have adequate connectivity; the Court may proceed in a party’s absence if technical issues arise. Proper Zoom etiquette and courtroom decorum are required, and failure to comply may result in the hearing being halted and an order to appear in person being made.