Winternitz v. Winternitz
Annotate this CaseMother Tami Winternitz appealed the denial of her move away request involving her daughter Jamison (born 2001) with ex-husband-father Dr. William Winternitz. Mother argued the custody evaluator failed to comply with California Rules of Court, rule 5.220 and it was legal error for the family court to deny her motion to strike the evaluator's defective report. She also claimed the family court did not apply the correct legal standard in assessing her relocation request, including: (1) failing to consider her presumptive right to move under Family Code section 7501; (2) not weighing all of the factors set forth in "In re Marriage of LaMusga," (32 Cal.4th 1072 (2004)); and (3) not giving meaningful consideration to Jamison's custodial preference to remain in her care as required by Family Code section 3042. She also argued the family court abused its discretion by failing to award her any need based attorney fees after May 21, 2013. Finding no reversible error, the Court of Appeal affirmed.
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