Legal Opinion
S.Y. v. Superior Court of San Diego Cnty.
California Court of Appeal, 5th District
Decided November 21, 2018No. D073450PublishedCited by 6 opinions
1Opinion of the CourtBenke, Acting P. J.
*328*141Petitioner S.Y. contends that the trial court committed legal error when it found that real party in interest Omar M. had rebutted the presumption that his custody was detrimental to the best interests of their child, A. She requests that we vacate the trial court's interim order granting joint legal and de facto joint physical custody to both parents, direct the trial court to enter a new order after reconsidering the Family Code1 section 3044 presumption of detriment, and award costs to her. We agree with S. that the court erred in considering Omar's greater fluency in English as a…
2Cases cited22 opinions
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Palmore v. SidotiSupreme Court of the United States · 1984
- In Re Marriage of Falcone & FykeCalifornia Court of Appeal · 2008
- Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc.California Court of Appeal · 2005
- Pineda v. Williams-Sonoma Stores, Inc.California Supreme Court · 2011
17 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Marriage of Tei CA2/7California Court of Appeal · 2020
- Naranjo v. Doctors Medical Center of ModestoCalifornia Court of Appeal · 2023
- Naranjo v. Doctors Medical Center of Modesto, Inc.California Court of Appeal · 2023
- Naranjo v. Doctors Medical Ctr. of Modesto, Inc.California Court of Appeal · 2025
- SLPR v. San Diego Unified Port Dist. CA4/1California Court of Appeal · 2021
1 more not listed; retrieve them via the Exa API.