Q: He Court’s Inclination for Custody and Its Implications?
We have adhered to a 3-4-4 custody schedule for an extended period. However, in December, an error on my part led to unintended parenting time. This was not formalized in an Order After Hearing but was noted in the minute order as per the stipulation agreed upon by both parties (Not signed by anybody).
I filed a Request for Order Modification (RFOMOD) of visitation, followed by a Motion to Vacate. During the modification visitation hearing, the judge confirmed the Court’s inclination to revert to the 3-4-4 schedule as they have seen for a few months, which was also documented in the Minute Order and I have Transcript. The opposing party (OP) long contested this during the hearing, yet the judge remained resolute. Now, with the case reassigned to a new judge and both motions pending two weeks ahead, the question arises: Will the new judge adopt the previous judge’s inclination without any additional special events occurring (i,e-
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A:
In California, a new judge may consider the previous judge's inclination, but they are not bound to follow it. Judges often give weight to prior rulings, especially if there is a documented history and a minute order reflecting the schedule. However, each judge has the discretion to review the case afresh.
Since your previous judge was inclined to revert to the 3-4-4 schedule, it's beneficial that this inclination is documented in the minute order and you have a transcript. Presenting this information to the new judge will support your case. It demonstrates that there has been a consistent understanding and agreement regarding the custody arrangement.
Ultimately, the new judge will consider the best interests of the child when making a decision. Be prepared to explain why the 3-4-4 schedule continues to serve those interests. Stay focused on the child's needs and stability, and ensure all relevant documents are readily available for the upcoming hearing.
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