Marriage of C.D. & G.D.

Filed 9/12/23 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re Marriage of C.D. and 2d Civil No. B323428 G.D. (Super. Ct. No. D388847) (Ventura County)

C.D.,

Appellant,

v.

G.D.,

Respondent.

A parent with “sole legal custody” of a child has “the right and . . . responsibility to make . . . decisions relating to the health, education, and welfare of [that] child.” (Fam. Code,1 § 3006.) A noncustodial parent has none of these rights. To acquire them, the noncustodial parent must obtain custody. To do that, the noncustodial parent must demonstrate a significant change in circumstances warranting a new custody arrangement that is in the child’s best interest.

1 Unlabeled statutory references are to the Family Code.

C.D. (Mother) appeals from the trial court’s postjudgment order granting a request from G.D. (Father) that she enroll their minor daughters in public school. Mother contends the order must be vacated because, without a change in custody, Father has no decision-making authority regarding their daughters’ education. We agree, and vacate the order. FACTUAL AND PROCEDURAL HISTORY Mother and Father married in 2013. Their twin daughters, F.D. and S.D., were born four years later. Soon thereafter, Mother petitioned to dissolve the marriage. The trial court approved the dissolution petition and, after finding that Father had sexually abused F.D. and S.D., granted Mother sole legal custody. The court also barred Father from visiting his daughters, but did not terminate his parental rights. We affirmed the judgment on appeal. (See In re Marriage of C.D. and G.D. (Sept. 11, 2023, B318718) __ Cal.App.5th __ [p. 12].) While that appeal was pending, Father requested that the trial court order Mother to enroll F.D. and S.D. in public school for the 2022-2023 school year. He argued Mother had not provided their daughters with a formal education and that she was not competent to teach them. He also alleged Mother was isolating the girls and limiting their abilities to socialize with their peers. Mother responded that, absent a change to the trial court’s order awarding her sole legal custody, Father had no right to dictate how she educated their daughters. She also informed the court that her daughters were enrolled in an online homeschooling program and had active social lives. The attempt to mediate the matter was unsuccessful. At a subsequent hearing, Mother testified that her daughters were