CATHERINE D. v. Dennis B.

This appeal concerns the custody of Zachary, five years of age at the time of trial. Appellant Catherine D., his mother, challenges the trial court’s order awarding primary physical custody to his father, respondent Dennis B. We will affirm for the reasons which we explain.

Factual and Procedural Background

As a result of a brief relationship in 1980 between Catherine, then age 23, and Dennis, then age 41, Catherine became pregnant and gave birth to Zachary on March 26, 1981. As an unwed mother, she acquired sole custody of her son as a matter of law. (Civ. Code, § 197.) Dennis did not become aware of Zachary’s birth until contacted by local authorities in the course of Catherine’s application for welfare assistance. Ultimately, Dennis stipulated to paternity in an action instituted by the district attorney for child support and reimbursement (Dennis eventually stipulated to his ability to pay any reasonable amount of support ordered by the court). The judgment also provided for Dennis’s rights of reasonable visitation on alternate weekends. During the ensuing years, the parties became embroiled in a number of adversarial proceedings relating to visitation and support…