In Re Marriage of Buser

A-C

D. The absence of reasons for denial of joint custody and of an order requiring joint consent over decisions affecting the child.

Douglas Buser contends there were two deficiencies in the orders denying his request for joint custody of his children which require reversal.

The first claim is that the orders were defective because they did not include reasons for the ruling on the joint custody issue pursuant to Civil Code section 4600.5, subdivision (c). That provision states in pertinent part, “Whenever a request for joint custody is granted or denied, the court, upon the request of any party, shall state in its decision the reasons for granting or denying the request.”

The order denying joint custody filed December 17, 1984, did not contain reasons for the denial. The issue of joint custody was submitted no later than September 14,1984, when the court announced its tentative decision in open court. Douglas made his request for a statement of reasons under Civil Code section 4600.5, subdivision (c), on January 30, 1985. He argues there is no time limit within which a request for reasons must be made, thus the failure of the court to act upon his request requires…