What is the effect of the changed circumstances rule on custody?
California, United States of America
The following excerpt is from Fitzgerald v. Fitzgerald (In re Patrick), C085843 (Cal. App. 2018):
Our review of the issues raised in this appeal must be viewed through the prism of the "changed circumstances" rule as stated in the judgment and the 2017 decision -- an important point that neither party addresses in briefing on appeal.6 The rule applies " 'whenever [final] custody has been established by judicial decree.' " (Montenegro v. Diaz, supra, 26 Cal.4th at p. 256.)
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