In re Marriage of Bettanini CA5

FACTS AND PROCEDURAL HISTORY

On April 12, 2005, after nearly ten years of marriage to Antonio, Shannon filed a petition for dissolution of the marriage. The parties‟ only child was their daughter, A.B., who was then two years of age. On October 12, 2005, following a hearing at which some evidence was presented, the trial court made several initial determinations (the 2005 custody order), including the following: “Mom has always been the primary caretaker of [A.B.] The Court finds that [A.B.‟s] best interests would be served by awarding the parties temporary joint legal custody and by awarding Mom temporary physical custody. Dad shall have visitation with [A.B.] from Friday at 5:00 p.m. to Saturday at 5:00 p.m.

We use first names for convenience only; no disrespect is intended. We note that Shannon filed an appellant‟s opening brief, but Antonio did not file a responsive brief. On September 6, 2012, Shannon filed a motion that we take judicial notice of certain documents or exhibits and/or that we make evidentiary findings. We deny the request for judicial notice since Shannon failed to adequately comply with California Rules of Court, rule 8.252(a)(2)(A) through…