Murga

Murga v. Petersen

Good Law
103 Cal. App. 3d 498·163 Cal. Rptr. 79·1980 Cal. App. LEXIS 1594
Court of Appeal of CaliforniaMarch 18, 1980Civ. No. 21113California2,100 words

Opinion

Lead Opinion

Kaufman, J.

Janice Lee (Murga) Petersen (mother) appeals from an order modifying the child visitation provisions in the interlocutory and final judgments dissolving the marriage of the parties.

At the time of the dissolution, in December 1974, custody of Brian Murga (hereafter the child), then age three, was awarded to the mother. The father, Anthony Murga, was given visitation rights, including the right to visit with the child on alternate weekends and specified holidays, as well as for one week each summer and one week prior to Christmas Eve. In July 1978, the father sought a modification of his visitation rights because he was going to move to Pensacola, Florida, for at least three years and the mother had refused to agree to any period of visitation in Florida longer than a week. The mother opposed the requested modification of visitation rights and, in addition, requested that the father be restrained from: (1) requiring the child to engage in any religious activity except as approved by the mother; (2) “[sjermonizing, evangelizing, instructing, discoursing with, and/or attempting to indoctrinate” the child on any religious subject without her prior approval; and (3) removing…

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