In Re Marriage of Slayton

Slayton v. Biggums-Slayton

Good Law
103 Cal. Rptr. 2d 545·2001 Cal. App. LEXIS 44·2001 Daily Journal DAR 995·86 Cal. App. 4th 653·2001 Cal. Daily Op. Serv. 791
Court of Appeal of CaliforniaJanuary 29, 2001E027176California3,012 words

Opinion

Opinion

Richli, J.

Peggy Sue Biggums-Slayton (Mother) appeals from an order granting custody of her minor son to her former husband, Timothy E. Slayton, Sr. (Father). We affirm the order.

I

Factual and Procedural Background

The parties were married in 1980. Their first child, Timothy, Jr., was bom in 1981. The child whose custody is at issue, Turhan, was born in January 1995.

In May 1997, Father left the marital residence, and in June 1998 he petitioned for dissolution. The court ordered the marriage dissolved in May 1999. Turhan continued to reside with Mother, with visitation granted to Father.

On December 13, 1999, apparently while serving an eviction notice, the police found Turhan, who was then four years old, alone at Mother’s residence. Turhan was taken to child protective services and subsequently released to Father. On December 14, 1999, Father applied for and was awarded temporary custody of Turhan in an ex parte proceeding. Mother’s petition to regain custody was denied after a full hearing on March 27, 2000.

II

Discussion

A. Standard of Review

“The standard of appellate review of custody and visitation orders is the deferential abuse of discretion test. [Citation.] The…

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