Height v. Volker CA2/6

Filed 1/27/25 Height v. Volker 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ALISON ELAINE HEIGHT, 2d Civ. No. B333519 (Super. Ct. No. 1466534) Respondent, (Santa Barbara County)

v.

JAMES LEE ROY VOLKER,

Appellant.

James Volker (Father) appeals from an order: (1) giving Allison Height (Mother) sole legal and physical custody of their two minor children, and (2) allowing her to move the children from Santa Barbara to Paso Robles. He contends the family court exhibited bias in favor of Mother when weighing and admitting the evidence at trial. We have examined the record and conclude the court did not abuse its discretion. We will affirm.

FACTUAL AND PROCEDURAL BACKGROUND Father and Mother divorced in 2017. They initially shared legal and physical custody of their children D. (born in 2013) and E. (born in 2015). Mother requested an order awarding her sole legal and physical custody in 2022, citing drug use and domestic violence in Father’s home. While that request was pending, she sought an order allowing her to move the children to Paso Robles. Mother alleged that Father suffered three overdoses in 2022 alone. She described moving to Paso Robles as an opportunity for her fiancé and her to find better jobs and more affordable housing. Father opposed both requests. He denied using drugs during his custodial time and stated he was nine months sober. Father described Mother as violent toward his older daughter (i.e., Mother’s former step-daughter) during their marriage and accused her of making dozens of unfounded reports of abuse to Child Welfare Services (CWS) after their divorce. He stated the move would harm the children by placing them in inferior schools and separating them from their peer groups and stepsister. The court held a two-day trial on the combined custody and move-away requests in August of 2023. Mother and Father testified. Father’s ex-girlfriend was the only third-party witness. She testified that Father used methamphetamine daily during their relationship in 2022, and occasionally fentanyl and heroin. Mother testified about Father’s three overdoses and other reasons she sought to modify their custody and visitation orders. Father admitted he suffered a methamphetamine and fentanyl relapse in 2022 but stated he had not used any drugs since then. He reiterated he never used around the children and denied any domestic abuse occurred during his custody time. He expressed