Marriage of Hernandez and Renteria CA5

BACKGROUND

The record in this case begins in the midst of a family law case. In December 2023, a child custody evaluator and investigator recommended mother and father share physical and legal custody of their five children, three females and two males, then ranging in age from 8 to 17. The evaluator noted two children, the 10 and 13 year olds, favored Renteria and testified the children were safe with their father and would benefit from that relationship. The evaluator was aware of domestic violence issues and believed Renteria was “overcoming” the section 3044 presumption against custody for domestic violence offenders.2 A separate evaluator recommended sole custody with the mother.3 In May 2024, the child custody issue proceeded to formal hearing.4 During the hearing, Hernandez testified to various acts of domestic violence perpetrated by Renteria—“hitting,” “slapping,” “pulling,” “pushing,” and “a lot more.” She had also obtained a restraining order against Renteria, which she testified was violated on several occasions. Renteria disputed the violations, offering his own explanations and perspective. He also testified he lost his job due to union issues. During the…