Is there any basis for finding that the trial court abused its discretion when it awarded a father full physical and legal custody of the child?

California, United States of America


The following excerpt is from A.R. v. L.N., B267860 (Cal. App. 2016):

Lastly, there is no basis for finding the trial court abused its discretion when it awarded father full physical and legal custody. " 'Under California's statutory scheme governing child custody and visitation determinations, the overarching concern is the best interest of the child. The court and the family have "the widest discretion to choose a parenting plan that is in the best interest of the child." [Citation.] When determining the best interest of the child, relevant factors include the health, safety and welfare of the child, any history of abuse by one parent against the child or the other parent, and the nature and amount of contact with the parents.' " (Osgood v. Landon (2005) 127 Cal.App.4th 425, 433.) When there is a final custody order in place, as there was here, the "party seeking to modify a permanent custody order can do so only if he or she demonstrates a significant change of circumstances justifying a modification." (Ibid.) We review custody determinations for an abuse of discretion. (In re Marriage of Burgess (1996) 13 Cal.4th 25, 32; In re Marriage of Abargil (2003) 106 Cal.App.4th 1294, 1298 ["We review for abuse of discretion relocation orders that permit a custodial parent to move way with a child"].)

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