KEIRA PAYTON v. MIGUEL AMADOR

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

5) 6 KEIRA PAYTON,) Case Number: FDV-21-816075) 7 Petitioner) Hearing Date: May 28, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 MIGUEL AMADOR,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER FOR CHANGE OF CHILD CUSTODY, VISITATION (PARENTING TIME) 13 TENTATIVE RULING 14

15 The parties are ordered to appear in person or by Zoom video at 9am on 5/28/2026 in 16 Department 404. At the 5/28/2026 hearing, the Court intends to set the matter for a long cause 17 hearing and issue interim orders as necessary pending the long cause hearing. 18 If a party chooses to appear by Zoom, that party must abide by the Notice and Instructions 19 for Remote Appearance in San Francisco Family Court set forth above. 20

21 A. Procedural History 22 1) Petitioner Kiera Payton (Mother) and Miguel Amador (Father) have one minor child together, 23 Levi (DOB 3/12/2021, age 5). The parties have had joint legal and physical custody of Levi since 24 2023, with a 2-2-3 parenting time schedule. (See Stipulation and Order filed12/21/2023.) Mother 25 lives in Sacramento and Father lives in Daly City; the parties have been conducting their custody 26 exchanges on Mondays, Wednesdays, and Fridays in Pinole. 27 2) On 2/20/2026, Mother filed a request for a change in custody and parenting time due to the fact 28 that Levi’s age (entering Kindergarten) and the distance between the parties (Father in Daly City 29 and Mother in Sacramento) will make it impossible for the parties to continue following the

1 current parenting time schedule. She requests that Levi be permitted to enroll in Kindergarten in 2 the Sacramento area where she resides, and that Father have parenting time on the second, fourth, 3 and fifth weekends of each month, with a week-on, week-off schedule during the summer 4 months. She states she has been the parent who has provided Levi with consistency and stability 5 over the years. She notes that Father lived in her home in Sacramento for approximately 5 months 6 in 2024 but subsequently lived in 5 different places in the Sacramento area for the next 6 months, 7 then moved back to his parents’ house in Daly City in August 2025 without prior notice to her. 8 She states that Father has not been employed since 2022 and it is unclear how long he plans to 9 stay in Daly City.

She states that in contrast, she has been consistently employed by the same 10 employer in Sacramento. She states that Father frequently relies on his parents and sister to watch 11 Levi during his custodial time and that he has not enrolled Levi in any activities. She states that 12 on one occasion, Father kept Levi for 3 days and refused to tell her where they were. She states 13 that Father has a history of being late for drop offs and refusing to take Levi to medical and dental 14 appointments during his parenting time. 15 3) On 5/7/2026, Father filed a declaration in which he states that Mother has refused to exchange 16 Levi to him “over 10 times” and that he has called law enforcement to enforce the prior order.