Chasen Paul David Gonzales v. Chipongolo Mulenga

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

5) 6 CHASEN PAUL DAVID GONZALES,) Case Number: FPT-24-378337) 7 Petitioner) Hearing Date: September 1, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 CHIPONGOLO MULENGA,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 OTHER REVIEW HEARING 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) Petitioner Chasen Paul David Gonzales (Father) and Chipongolo Mulenga (Mother) have one 18 minor child together, Ethan (DOB 7/22/2023, age 3).

Father lives in San Francisco; Mother lives 19 in Walnut Creek. On 12/4/2024, a stipulated 4-year Domestic Violence Restraining Order was 20 issued against Father, protecting Mother. 21 2) On 10/2/2025, the Court found Father had overcome the Family Code section 3044 presumption 22 against joint custody but found it was in Ethan’s best interest for Mother to retain sole legal and 23 physical custody. The Court expressed concern about the parties’ poor communication and 24 ordered them to continue working on their coparenting skills.

The Court ordered a parenting time 25 schedule for Father from Thursday to Friday during Week A and Thursday to Sunday during 26 Week B. 27 3) On 1/6/2026, Father filed a request for joint legal custody, a two-phase transition into a 2-2-5-5 28 parenting time schedule, and a holiday schedule. At a 4/21/2026 hearing, the Court maintained 29 the custody and parenting time order, set a holiday schedule, and granted Father’s request to

1 travel with Ethan out of state from 7/1/2026 to 7/7/2026. The Court set a review hearing for 2 7/21/2026, which was continued to 9/1/2026 after Mother retained new counsel and requested a 3 brief continuance. 4 4) Mother filed declarations on 7/21/2026 and 8/21/2026. Father filed an update declaration on 5 7/29/2026. The Court has reviewed and considered the parties’ declarations, including both 6 parties’ statements regarding the injuries Ethan sustained while in Father’s care, Mother’s 7 statements regarding Ethan’s enrollment in the same daycare in Walnut Creek since April 2025 8 and in a speech program through the Walnut Creek School District, Father’s statement that Ethan 9 has been doing well in his care and his renewed request for a 2-2-5-5 schedule, and both parties’ 10 concerns regarding coparenting and communication, including Father’s concerns regarding notice 11 of Mother’s recent international travel. 12 B.

Findings and Orders 13 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 14 Custody Jurisdiction and Enforcement Act. A violation of this order may subject the party in 15 violation to civil or criminal penalties, or both. The country of habitual residence of the minor 16 child is the United States. 17 2) The Court finds it is in Ethan’s best interest for the parties to share joint legal and physical 18 custody. Commencing the week of 9/9/2026, Father shall have parenting time as follows: 19 a.

Week A: Wednesday afternoon Walnut Creek daycare pickup (or 6pm pickup at Walnut 20 Creek Library if no daycare) until Friday at 6pm exchange at Wow Kids on Polk Street in 21 San Francisco; 22 b. Week B: Wednesday afternoon Walnut Creek daycare pickup (or 6pm pickup at Walnut 23 Creek Library if no daycare) until Sunday at 6pm exchange at Wow Kids on Polk Street 24 in San Francisco. 25 3) The above schedule permits Mother to maintain Ethan’s enrollment in his daycare/preschool in 26 Walnut Creek on Mondays, Tuesdays, and Wednesdays.

In addition, Father may enroll Ethan in a 27 daycare or preschool in San Francisco on his custodial days—Thursdays and Fridays. Father shall 28 provide all information regarding the daycare/preschool he has proposed to Mother in advance of 29 enrollment, and Mother shall cooperate with the signing of any documents necessary for

1 enrollment. The parties shall ensure that both parties are listed as authorized to pick up Ethan and 2 as emergency contacts for all daycares/preschools in which Ethan is enrolled, regardless of 3 location (e.g., San Francisco, Walnut Creek). If and when Ethan is enrolled in a 4 daycare/preschool in San Francisco, the exchange location for the Week A Friday pickup shall be 5 modified so that Mother picks Ethan up from the San Francisco daycare/preschool. 6 4) All prior orders not in conflict with these orders shall remain in full force and effect. 7 5) Father’s attorney shall prepare the Findings and Order After Hearing and an amended DVRO. 8 6) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 9 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 10 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 11 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 12 proposed order after hearing directly to the court.

Failure to submit the order after hearing within 13 10 days may allow the other party to prepare a proposed order and submit it to the court in 14 accordance with CA Rules of Court, Rule 5.125(d). 15

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