Marriage of Johnson CA5

Filed 1/27/25 Marriage of Johnson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

In re the Marriage of DWIGHT JOHNSON and TINA FRAZIER JOHNSON.

DWIGHT JOHNSON, F086965

Appellant, (Super. Ct. No. S1501FL628974)

v. OPINION TINA FRAZIER JOHNSON,

Respondent.

APPEAL from an order of the Superior Court of Kern County. Lisa M. Pacione, Judge. Dwight Johnson, in pro. per., for Appellant. No appearance by Respondent. -ooOoo- This is a family law case which has its genesis in Dwight Johnson’s (father) petition for dissolution of his marriage to Tina Frazier Johnson (mother). After a judgment of dissolution was entered and custody orders concerning the couple’s three

children were issued, the children became subjects of a juvenile dependency case in another county. Ultimately, the juvenile court dismissed the dependency case and issued exit orders. Thereafter, father filed a petition in the family law case to modify the custody order and transfer the family law case to the children’s purported Indian tribe under the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). The family court denied the request to transfer the case, finding ICWA did not apply to these proceedings. Father, who has represented himself throughout these proceedings, appeals, arguing the family court erred in denying his request to transfer the case under ICWA. He also contends the family court erred in denying his request for appointed counsel.1 Finding no merit to father’s arguments, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In June 2014, father petitioned for dissolution of his marriage to mother. A judgment of dissolution was entered in September 2018, and at some point, custody and visitation orders were issued as to the couple’s three children. Sometime in 2020, a juvenile dependency case was opened concerning the children in Los Angeles County. In October 2020, a restraining order was issued in the dependency case protecting mother from father. On August 1, 2022, father filed a request for an order to modify child custody and transfer the case under ICWA. Father asserted an order filed in December 2021, granted mother legal and physical custody of the children, and gave him monitored visits. Father requested that the order be modified to award him sole legal and physical custody of the children and deny mother visitation. Father also requested the family court to apply ICWA to the family law case.