How does the court review custody and visitation orders under the deferential abuse of test?

California, United States of America


The following excerpt is from West v. Thomas C., E067846 (Cal. App. 2018):

We thus review custody and visitation orders under the deferential abuse of discretion test. (Montenegro v. Diaz, supra, 26 Cal.4th at p. 255.) The test is not whether we would have made the same order or whether the trial court could have reasonably made some other order, but "whether the trial court could have reasonably concluded that the order in question advanced the 'best interest' of the child." (In re Marriage of Burgess (1996) 13 Cal.4th 25, 32.) We do not reweigh conflicting evidence or redecide findings. (In re Marriage of Birnbaum (1989) 211 Cal.App.3d 1508, 1513.) We must affirm the trial court judgment if correct on any basis, regardless of whether that basis was invoked. (Montenegro, supra, at p. 255.)

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