Height

Height v. Volker CA2/6

Good Law
Court of Appeal of CaliforniaJanuary 27, 2025B333519California561 words

Opinion

Opinion

Cody, J.

DISCUSSION

Appellant raises ten issues in his opening brief. These fall into three categories. First, appellant contends the trial court weighed the evidence in a biased manner by considering only evidence favoring Mother. Second, he contends the court relied on inadmissible or otherwise inappropriate evidence. Third, he contends the move away orders will strain his relationship with his children and harm them psychologically. It is Father’s “affirmative burden to show error” on appeal. (In re Marriage of Davies (1983) 143 Cal.App.3d 851, 854.) Bias Father repeats in briefing how the family court failed to consider evidence favoring him while it placed “undue emphasis” on evidence favoring Mother. We disagree. The court allowed father to testify on direct examination and to cross-examine Mother and her witness. It admitted all the exhibits Father offered into evidence. The court did not “fail to consider” his evidence. It just found in Mother’s favor. We decline to second guess the family law’s weighing of the evidence, particularly

3 those findings based on witness credibility. (In re Marriage of Winternitz (2015) 235 Cal.App.4th 644, 653 (Winternitz).) Admissibility and…

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