JASON A MOANANU, ) Case Number: FDV-11-808597
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Petitioner ) Hearing Date: March 8, 2018
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VS. ) Hearing Time: 9:00 AM
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MADRINA TAYLOR, ) Department: 404
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Respondent ) Presiding: RICHARD C. DARWIN
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REQUEST FOR ORDER FOR MODIFICATION OF CHILD CUSTODY, VISITATION

TENTATIVE RULING

Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the court makes the following findings and orders:

Respondent’s request for an order modifying custody and visitation is denied. A three year domestic violence restraining order against Respondent was issued by the court on December 27, 2017, less than three months ago. All three minor children are protected persons under the terms of that order, including the 100 yard stay-away provision. Under Family Code Section 3044, there is a presumption against granting physical or legal custody to a parent against whom the court has made a finding that the restrained parent has engaged in domestic violence or abuse. That is the case here. While that presumption can be overcome in certain circumstances, Respondent has the burden of presenting the evidence necessary to rebut that presumption, and she has not done so here. Taking into account all of the factors set forth in Section 3044(b), the court finds that it would not be in the best interests of the minors to grant joint custody to Respondent, or to grant her additional and/or unsupervised visitation at this time.