Tracie F. v. Francisco D.

hi agree with the majority’s decision to shift the burden of proof from the nonpar-ent to the parent when a parent seeks to modify a non-considered custody decree. Maintaining stability in the child’s life is important and shifting the burden to the parent protects the child’s stability. I further agree with the portions of the standard adopted by the majority which require the parent to prove the elimination of the substantial harm to the child and that the requested change is in the best interest of the child.

I respectfully disagree, however, with the majority’s decision to adopt the second…