Schwarzinger

STATEMENT OF THE CASE AND FACTS

S.S. was born in July 2008. The parties were never married and the child was born after their relationship had ended. Appellant lives in San Francisco; respondent lives in Marin with his girlfriend, Birgit Wick. Respondent shares custody of his two children from a prior marriage, Emelia and Gabriel, with his former wife, Nicole Lamb. After S.S. ’s birth, the parties briefly followed an informal custody arrangement, until appellant asked the court to award her sole legal and physical custody, terminate respondent’s overnight visits, change the child’s hyphenated surname to appellant’s alone, and order respondent to enter a domestic violence treatment program. Under a temporary order issued in August 2009, the parties shared legal custody and S.S. was with respondent for one weekday overnight and on Saturdays from 10:00 a.m. until 5:00 p.m. At a four-day trial in 2010, at which appellant appeared in propria persona and respondent was represented by counsel, the parties addressed issues including respondent’s anger,1 driving safety,2 wine consumption,3 care of S.S. and his older

1 The court’s Statement of Decision following this trial referred to…