M.S.

M.S. v. R.D. CA4/3

Good Law
Court of Appeal of CaliforniaSeptember 29, 2015G050302California5,891 words

Opinion

Opinion

Fybel, J.

INTRODUCTION

Following a bitter and lengthy custody battle, the trial court awarded sole legal and physical custody of 10-and-one-half-year-old A.S. (the minor), to her biological father, M.S. (father). The minor’s mother, R.D. (mother), has challenged the judgment awarding custody to father in a companion appeal, M.S. v. R.D. (Sept. 29, 2015, G049068) (nonpub. opn.). In this appeal, mother challenges the trial court’s postjudgment orders. Several of those orders denied mother’s requests for a modification of the child custody judgment. Mother failed to present any new evidence or proof of changed circumstances. Mother also challenges the trial court’s order denying her request to remove the minor’s counsel, John S. Cate, Jr. We find no error on the part of the trial court in denying mother’s request. Therefore, we affirm the postjudgment orders challenged by mother in this appeal.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

The facts and procedural history of this case through the entry of the child custody judgment are set forth in full in the companion appeal, M.S. v. R.D., supra, G049068. On August 1, 2013, the trial court denied mother’s motion to stay the final judgment.…

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