In Re Marriage of David and Martha M.

David M. appeals from orders of the family court which modified a prior juvenile court exit order concerning his visitation rights and child support payments for his daughter Amy. He argues the family court applied the incorrect legal standard in modifying the juvenile court’s exit order. Specifically, appellant asserts the family court should have applied the “change of circumstances and best interest” test provided in Welfare and Institutions Code section 302, subdivision (d). The family court, however, applied only a “best interests of the child” rule in ordering modification and concluded respondent Martha M. did not need to demonstrate a change of circumstances to modify the exit order. Appellant also argues the court erred in ordering him to pay child support arrearages. As we shall explain, the family court erred in failing to modify the exit order in accordance with section 302, subdivision (d). Consequently, we reverse the visitation order and remand for the court to consider the matter pursuant to the standards set forth in section 302, subdivision (d). In addition, because the child support and arrearages order was dependent on the visitation order, we reverse…