What is the test for abuse of discretion in a custody and visitation order?

California, United States of America


The following excerpt is from Marriage A.O. Denise J. v. A.O., B263999 (Cal. App. 2016):

We review custody and visitation orders for abuse of discretion. (Chalmers v. Hirschkop (2013) 213 Cal.App.4th 289, 299 (Chalmers).) To demonstrate an abuse of discretion, it " ' "is wholly insufficient" ' " to simply present " ' "a state of facts, a consideration of which, for the purpose of judicial action, merely affords an opportunity for a difference of opinion. An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge. To be entitled to relief on appeal from the result of an alleged abuse of discretion it must clearly appear that the

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