Stone v. O'Mara CA5

FACTS AND PROCEDURAL HISTORY

The parties’ minor child, a daughter, was born in 2007. In 2009, after family law proceedings were initiated and following mediation, an initial custody order was entered that the parties were to have joint legal and shared physical custody. The father’s custodial time included alternate weekends as well as alternate midweek visitation. In July 2012, the mother requested a modification to accommodate the child’s upcoming school schedule, which would begin in the fall of that year. Apparently, the mother believed the midweek visits to the father would interfere with the child’s school schedule. The trial court granted the mother’s request.1 On September 14, 2012, the trial court

The father was not present at this hearing, choosing instead to launch an unsuccessful challenge to the mother’s service of notice of the petition for modification.

2. ordered that “the parties shall have joint legal and shared physical custody with the Mother designated as the primary caretaker.” The father continued to have custodial time on alternate weekends, but not during midweek. The father subsequently moved to set aside the above custody order and also…