What is the test for a decision modifying custody under the abuse of discretion standard?
California, United States of America
The following excerpt is from Nigro v. Nigro, G046170 (Cal. App. 2013):
We review a decision modifying custody under an abuse of discretion standard. (Burgess, supra, 13 Cal.4th at p. 32.) A greater showing is required to modify a permanent custody order than is required to modify a temporary custody order. (Montenegro v. Diaz (2001) 26 Cal.4th 249, 256-257.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
What is the test for abuse of discretion in a family court's decision whether to modify a child support order? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
Does the abuse of discretion standard apply to a decision by the appellate court to instruct or not to instruct a jury? (California, United States of America)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (California, United States of America)
In a motion for joint physical custody of a minor, is the mother's claim that the juvenile court abused its discretion by denying her request for joint custody of the minor? (California, United States of America)
What is the abuse of discretion standard for a review of a decision to strike or not to strike a prior conviction under section 1385 of the Criminal Code? (California, United States of America)
Does the abuse of discretion standard apply to a decision by the appellate court to instruct or not to instruct a jury? (California, United States of America)
What is the test for a decision not to relieve a counsel under the deferential abuse of discretion standard? (California, United States of America)
Is abuse of discretion an abuse of the discretion test? (California, United States of America)
