Marvaughn Faulkner v. Alexya Rose

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

5) 6 MARVAUGHN FAULKNER,) Case Number: FLD-21-396875) 7 Petitioner) Hearing Date: May 26, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ALEXYA ROSE,) 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 Marvaughn Faulkner (Father) and Respondent Alexya Rose (Mother) have one child 18 together, Josiah (DOB 12/8/2019, age 6). 19 2) On 8/25/21, the parties agreed in their related juvenile dependency case that Father would have 20 sole legal and physical custody of Josiah and that Mother would have supervised visits through a 21 visitation center.

On 10/29/2021, final judgment was entered in the dependency case 22 incorporating the parties' agreement and awarding Mother a minimum of one-hour supervised 23 visits per week. The Court found Mother had not made substantial progress with anger 24 management training, parenting classes, or individual counseling and had not consistently visited 25 Josiah nor maintained a safe and stable environment. 26 3) Since then, Mother has sought, and the Court has denied her request for, sole legal and physical 27 custody. 28 4) On 6/6/2025, Mother filed a request for unsupervised parenting time and provided the Court with 29 evidence of progress she has made.

In a Findings and Order After Hearing filed 10/3/2025, this

1 Court ordered that Mother shall have parenting time with Josiah every Friday and Saturday from 2 1pm to 3pm, to be supervised by Josiah's maternal grandmother. The Court ordered that before 3 visitation begins, the grandmother must file with the Court a Declaration of Supervised Visitation 4 Provider (NonProfessional) (FL-324(NP)) confirming the maternal grandmother’s qualifications. 5 The Court scheduled a review hearing for 3/24/2026. 6 5) On 3/11/2026, Mother filed an update declaration in which she states that Father has not allowed 7 her to see Josiah.

She does not state whether the maternal grandmother filed the required form 8 with the Court. She seeks unsupervised parenting time with Josiah from Friday after school to 9 Sunday at 5pm. 10 6) Both parties appeared at a hearing on 3/24/2026 and provided sworn testimony. The Court 11 ordered one hour of weekly supervised visits for Mother through Rally Family Visitation Services 12 (Rally). The Court ordered the parties to contact Rally to complete their intake and ordered Father 13 to submit to Room 402 paperwork proving his representation that his mother has guardianship 14 over Josiah.

The Court set a review hearing for 5/26/2026 at 9AM in Department 404 and ordered 15 the parties to file and serve update declarations at least 10 days before the review hearing. 16 7) Neither party has submitted an update declaration. 17 B. Findings and Orders 18 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 19 Custody Jurisdiction and Enforcement Act. A violation of this order may subject the party in 20 violation to civil or criminal penalties, or both.

The country of habitual residence of the minor 21 child is the United States. 22 2) The Court finds it is in Josiah’s best interest to maintain the current custody and parenting time 23 order. If the parties have not yet done so, they shall complete their intake with Rally on or before 24 5/29/2026 so that visits may begin as soon as possible. 25 3) No appearances are required at the 5/26/2026 hearing because the Rally visits have not yet begun. 26 This matter is continued to Thursday, 9/3/2026 at 9:00 AM in Dept. 404.

At least 10 days 27 before the review hearing, the parties shall file and serve brief update declarations informing the 28 Court how the Rally visits have been going. 29 4) The Court will prepare the Findings and Order After Hearing.