What is the burden of proving that the trial court did not abuse its position in awarding sole legal and physical custody and denying defendant visitation?

California, United States of America


The following excerpt is from Kendra B. v. Wendell C., A155982 (Cal. App. 2019):

We presume plaintiff's testimony and the trial exhibits that are not part of the record on appeal support the trial court's findings. (Jameson v. Desta (2018) 5 Cal.5th 594, 608-609 [a judgment is ordinarily presumed to be correct and the burden is on an defendant to demonstrate, on the basis of the record, that the trial court committed an error justifying reversal]; see also Estate of Fain (1999) 75 Cal.App.4th 973, 992 [it is presumed that the unreported trial testimony would demonstrate the absence of error].) Thus, the trial court did not abuse its discretion in awarding plaintiff sole legal and physical custody of her daughter and denying defendant visitation.

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