Herdman v. Schiffman

I concur in the order, but would qualify the rationale.

Nearly three decades ago we declared unanimously that the “essence of custody is the companionship of the child and the right to make decisions regarding his care and control, education, health, and religion” (Lerner v. Superior Court (1952) 38 Cal.2d 676, 681 [242 P.2d 321]; also see Roche v. Roche (1944) 25 Cal.2d 141, 144 [152 P.2d 999]). That principle has been respected throughout the years, most recently in In re Marriage of O’Connell (1978) 80 Cal.App.3d 849, 858 [146 Cal.Rptr. 26].

We might indulge in a fruitless debate as to…