J.C. v. T.A. CA2/6

Filed 8/20/24 J.C. v. T.A. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

J.C., 2d Civ. No. B332625 (Super. Ct. No. D402650) Appellant, (Ventura County)

v.

T.A.,

Respondent.

J.C. (Father) appeals from an order granting T.A.’s (Mother) request to move out of state with their son. He asks us to consider whether the changed circumstances rule applies to move-away cases involving parents with a permanent joint custody order. We conclude it does not. He asserts the trial court abused its discretion by relying on a biased custody evaluation and failing to properly weigh the LaMusga1 factors. We have

1 In re Marriage of LaMusga (2004) 32 Cal.4th 1072

(LaMusga)

examined the record and there is no abuse of discretion. We will affirm. FACTUAL AND PROCEDURAL BACKGROUND Father and Mother are parents to J., born in Hawaii in 2019. Except for six weeks in 2021, Mother and Father have shared custody of J. since his birth. The parties have a tumultuous relationship. Both accuse the other of various inappropriate conduct. Both claimed to have suffered domestic violence inflicted by the other. In 2020 Father pleaded no contest to assault against Mother and was placed on probation. Father has a history of abusing alcohol and alcohol related arrests and convictions. In July 2020, the parties obtained custody orders from the State of Hawaii, awarding joint legal and joint physical custody with a week on / week off parenting plan. In June 2021 the parents and son moved to California where Father’s parents and other paternal relatives reside. Despite their conflicts, the parties attempted to remain together but in California their relationship deteriorated. Father continued to abuse alcohol and the paternal grandparents’ involvement in their relationship made matters worse. In August, without informing Father, Mother and J. left California for Mother’s home state of Florida. Two days later Father registered the Hawaii custody order in California. Mother was ordered to return J. to California and the court made temporary custody orders consistent with the Hawaii order pending a further hearing. After learning Father had recently been charged with a DUI, the court made orders prohibiting him from consuming alcohol during his parenting time, requiring his parents be