In re Marriage of J.A. and K.A. CA6

I. INTRODUCTION

J.S., mother,1 and K.A., father, divorced in 2010 and obtained a custody order awarding joint physical and legal custody of their two sons, who were then eight and ten years old. Mother also obtained a domestic violence restraining order, which expires in October 2015, against father. After mother later moved to Clovis, California with her new spouse, father sought to have the children reside with him a greater amount of time during the school year. The trial court conducted an evidentiary hearing. In a July 16,

1 Mother’s name during the marriage was J.A. She has since changed her name to J.S. 2014 order, the court determined that the parties would continue sharing joint legal custody, but that it was in the best interests of the children to be with father during the school year rather than moving away to Clovis with mother. On appeal, mother contends that the trial court erred by failing to provide, prior to any child custody mediation in the case, the notice required by Family Code section 3044,2 which sets forth a rebuttable presumption that it is detrimental to the best interests of a child to award custody to a person who has committed domestic violence…