Mother vs. Father

David Alan Patton

Practice Area:Family

Outcome:Primary Custody & Move Away Order

Description:Following a lengthy trial, the Santa Clara County Family Court ruled in favor of Mr. Patton’s client, awarding full custody of the children to the mother and giving her the right to move to another state with the children. Father in this case sought 100% custody of the children and wanted to prevent Mother from taking the children to another state. The court found that using the “best interests” standard followed in California for initial custody determinations, Mother should be awarded full custody and be permitted to move out of state with the children. The custody battle included allegations of domestic violence and inappropriate physical punishment of one of the children. The court took testimony from a court appointed expert, who had completed a custody evaluation involving both parents and the children, as well as testimony from experts hired by Father. Upon considering all the evidence presented, the court found Mr. Patton’s evidence and arguments to be persuasive and granted Mother the right to move away with the children to another state. Mr. Patton is a Certified Family Law Specialist and limits his practice exclusively to family law (divorce, child custody, domestic violence, restraining orders, spousal support, etc.). His certification is provided by the State Bar of California Board of Legal Specialization.

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