Marriage of Vangelisti CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

Father and mother were married in November 1997 and separated in 2005. Daughter was born in 2001. Father filed a petition for dissolution of marriage in 2009 in which he sought joint legal and physical custody of daughter. A status-only judgment of dissolution was entered in December 2010, with the court reserving jurisdiction over custody and all other issues. In November 2010, father moved for an order granting him full legal and physical custody of daughter, rather than joint custody. In his supporting declaration, father said daughter had told him that mother had taken her to a “nightclub . . . until 1:30 a.m. where people drink alcohol . . . , dance and sing karaoke.” Daughter also told father of “midnight stops at a Vietnamese restaurant in East San Jose that they go to . . . eat noodle soup.” Father was concerned this put daughter at risk of “possible foul play or attacks.” He also alleged that mother was physically and emotionally abusive towards daughter, was not providing her adequate care, nutrition or an adequate place to live. Mother’s responsive declaration denied father’s allegations and accused him of physical and emotional…