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In re Marriage of Lucio, G039072

In a case where a parent brought an order to show cause (OSC) requesting an alteration to the visitation arrangement set forth in the judgment of dissolution of his marriage, dismissal of the OSC and an award of attorney's fees are reversed and remanded where the trial court erred: 1) in dismissing a second OSC based on a failure to allege a change of circumstances, as a parent not seeking a change of custody is not required to demonstrate a change of circumstances; 2) in failing to apply the best interest of the child standard when a change of visitation schedule was sought; and 3) by granting attorney's fees OSC and awarding fees as a sanction against a parent who should not have been penalized for trying to obtain unmonitored visits.

Appellate Information

  • Decided 04/08/2008
  • Published 04/08/2008



  • California Court of Appeal


  • For Appellant:
  • Gilligan Law Corporation and John J. Gilligan, Seal Beach, for Appellant.

  • For Appellees:
  • Law Offices of Jeffrey W. Doeringer and Jeffrey W. Doeringer, Huntington Beach, for Respondent.
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