Ellis
Ellis v. Lyons
Opinion
Opinion
I. BACKGROUND
Minor was born to Mother and Father in February 2001. Mother and Father‘s relationship ended that same year, and in 2002, Father filed a paternity action. Pursuant to a November 2009 stipulated judgment, the parents share joint legal and physical custody of Minor, and she lives most of the year in Massachusetts with Mother, who has since remarried. Father lives in Southern California at his parents‘ home, and he has custody of Minor for five weeks every summer, on spring breaks, and on alternating winter breaks.
A. Father Gets in a Physical Altercation in Minor’s Presence In April 2014, Minor was in Southern California for her weeklong spring break visit with Father. Generally, Father and Minor would go shopping, play games, play softball and tennis, and go to the bookstore during her visits. While at Father‘s house, Minor would sleep on the sofa in his bedroom and Father would sleep downstairs.
2 On April 21, 2014, the day after her arrival, Minor witnessed an argument between Father and his adult brother-in-law Andy. Andy began to touch the cables behind Father‘s TV console, and Father asked him not to do so. Andy responded, ―I can do what I want. What are…