Juan Antonio Cortez v. Erika I Cortez

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

5) 6 JUAN ANTONIO CORTEZ,) Case Number: FDI-10-773402) 7 Petitioner) Hearing Date: August 13, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ERIKA I CORTEZ,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER FOR CHANGE OF REQUEST FOR ORDER CHANGE OF CHILD 13 CUSTODY, VISITATION (PARENTING TIME), CHILD SUPPORT 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) Petitioner Juan Cortez (Father) and Respondent Erika Cortez (Mother) have one minor child, 19 Emeric (DOB: 10/29/2009, age 16). Father is represented by attorney Donald Bloom. Mother is 20 self-represented. 21 2) On 9/28/2010, in related Case No. FDV-10-808106, Mother filed a Request for Domestic 22 Violence Restraining Order against Father. Father stipulated to a no-contact order and the 23 Temporary Restraining Order expired without further issuance of a Domestic Violence 24 Restraining Order. 25 3) On 7/13/2011, a Judgment Regarding Parental Obligations was filed in related Case No.

FCS-10- 26 346145. This Judgment requires Father to pay Mother $481 per month in child support effective 27 10/1/2011. This child support order has not been modified to date and remains in effect. 28 4) On 1/23/2014, Mother filed a second Request for Domestic Violence Restraining Order against 29 Father in related Case No. FCS-10-346145. On 2/26/2014, a Domestic Violence Restraining

1 Order was entered for Mother’s protection against Father. The restraining order expired on 2 2/26/2015. 3 5) On 7/26/2016, a Judgment of Dissolution was entered which incorporates the Child Custody and 4 Visitation Stipulation and Order (filed on 6/24/2014) which grants Mother sole legal custody of 5 Emeric and the parties joint physical custody, with Father having visitation every other weekend 6 from Friday school pick up until Sunday at 12 PM along with overnights on Monday and 7 Wednesday.

The Judgment also provides that the child support orders previously established in 8 the related FCS case shall remain in effect. 9 6) To date, the orders set forth in the 7/26/2016 Judgment have not been modified. 10 7) Now on for hearing is Father’s Request for Order filed 4/30/2026 seeking to modify the current 11 custody, visitation, and child support orders. Father asks that the parties share joint legal custody 12 and that he be granted sole physical custody, with Mother having visitation on alternate weekends 13 from Friday afternoon to Sunday afternoon, half of holidays, and three weeks of summer 14 vacation.

Father also requests guideline child support. 15 8) On 4/23/2026, Father filed an Income and Expense Declaration. Father states that he is a 16 Mechanic and he reports earning $4,000 per month. Father stated “unknown” for Mother’s 17 estimated gross monthly income. 18 9) The parties participated in mediation on 7/30/2026 and were unable to reach an agreement. 19 10) On 8/4/2026, Mother filed a Responsive Declaration asking the Court to deny Father’s requests in 20 their entirety and to maintain the current custody, visitation, and child support orders. 21 11) Mother did not file an Income and Expense Declaration. 22 B.

Findings and Order 23 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 24 Custody Jurisdiction and Enforcement Act. A violation of this order may subject the party in 25 violation to civil or criminal penalties, or both. The country of habitual residence of the minor 26 child is the United States. 27 2) Based on a review of the parties' submissions, the Court finds it is in Emeric's best interest to 28 maintain the current custody and parenting time order. 29

1 3) Father requested to modify child support as part of his request to modify the parenting time order. 2 Because the Court is not modifying the parenting time order, and because Father has not 3 identified any material change in circumstances warranting a modification of child support, 4 Father’s request to modify the current child support order is denied. 5 4) The Court will prepare the Findings and Order After Hearing. 6

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