Jose Leopoldo Perez Alvarez v. Andrea Zuniga

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

5) 6 JOSE LEOPOLDO PEREZ ALVAREZ,) Case Number: FMS-16-386914) 7 Petitioner) Hearing Date: June 9, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ANDREA ZUNIGA,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER FOR CHANGE OF CHANGE OF VISITATION (PARENTING TIME) 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) The parties are Petitioner Jose Leopoldo Perez Alvarez (Father) and Respondent Andrea Zuniga 18 (Mother). 19 2) On 10/14/25, Father filed a Request for Order seeking modification of the existing parenting plan 20 related to minor child, Avaya Zuniga (DOB: 07/31/13).

Father seeks to modify the Court’s order 21 filed 05/09/25, which provided that “Father may have visits up to twice per week but only one 22 school night per week. If the visit occurs on a weekday, Father shall return Avaya before 7:00 23 p.m. If the visit occurs on a weekend, Father shall return Avaya before 5:00 p.m. Father shall 24 have no overnights. Father shall be present for the entirety of the visit.” Father specifically 25 requests: 26 a. A step-up plan; 27 b. A holiday schedule; and 28 c.

Passport and name change orders. 29

1 3) On 11/04/25, Mother filed a Responsive Declaration wherein she disputes the factual allegations 2 contained in Father’s Request for Order. Mother asks the Court to deny the relief requested by 3 Father. 4 4) On 11/06/25, Father filed a Reply to Mother’s Responsive Declaration, which has been read and 5 considered by the Court. 6 5) On 11/12/25, Mother filed a Supplemental Declaration in opposition to Father’s Request for 7 Order. 8 6) At the prior January 6, 2026 hearing, the Court issued comprehensive orders and continued the 9 matter to June 9, 2026 to review Father’s parenting time and the progress of family therapy. 10 7) On May 26, 2026, Father filed “Petitioner’s Supplemental Declaration in Support of Petitioner’s 11 Request for Order to Modify the Child Custody and Visitation Order filed October 14, 2025,” 12 which has been read and considered by the Court. 13 8) On June 2, 2026, Mother filed “Respondent’s Supplemental Declaration in Opposition to 14 Petitioner’s Request for Order,” which has been read and considered by the Court. 15 B.

Findings and Order 16 1) The Court has jurisdiction to make child custody orders in this case under the Uniform Child 17 Custody Jurisdiction and Enforcement Act. A violation of this order may subject the party in 18 violation to civil or criminal penalties, or both. The country of habitual residence of the minor 19 child is the United States. 20 2) Considering the Update Declarations received, the Court declines to make any further 21 modifications to the parenting time plan. No further reviews shall occur on Father’s pending 22 Request for Order. 23 3) Any and all prior orders, not in conflict with the orders made herein, shall remain in full force and 24 effect. 25 4) Counsel for Father shall prepare the Findings and Order After Hearing. 26 5) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 27 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 28 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 29 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the