A.G.

A.G. v. C.S.

Good Law
201 Cal. Rptr. 3d 552·2016 Cal. App. LEXIS 340·246 Cal. App. 4th 1269
Court of Appeal of CaliforniaApril 27, 2016No. C074211California7,791 words

Opinion

lead Opinion

Nicholson, J.

*1272 Opinion

C.S. (Mother) appeals from an order awarding sole custody of her children to A.G. (Father). Mother contends the trial court erred by (1) not basing its order on the children’s best interests; (2) committing prejudicial evidentiary rulings; (3) denying Mother’s request during trial for a continuance, to obtain counsel; and (4) committing separate errors that constituted cumulative error.

We disagree with Mother’s contentions and affirm the order. As part of our decision, we also conclude the doctrine of implied findings applies in this case where the parties did not request a statement of decision, the court did not prepare one, and the settled statement used by the parties does not contain an express statement by the trial court that it complied with the procedures required for adopting a statement of decision and that the settled statement serves as the court’s statement of decision.

FACTS AND CASE HISTORY

This discussion is based on the clerk’s transcript and the settled statement Mother submitted in lieu of a reporter’s transcript.

1. Father petitions for custody; and Mother requests a restraining order

Father and Mother cohabitated from 2004 until May 2012.…

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