Diaz v. Sanchez
Filed 8/25/06 Diaz v. Sanchez CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| SONIA DIAZ, Plaintiff and Appellant, v. ROBERTO SANCHEZ, Defendant and Respondent. | E038387 (Super.Ct.No. SBF67822) O P I N I O N |
APPEAL from the Superior Court of San Bernardino County. Duke R. Rouse, Judge. (Retired judge of the San Bernardino Super. Ct., assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Reversed.
Rowley & Rinaldelli and Daniel W. Rinaldelli, for Plaintiff and Appellant.
Roberto Sanchez, in pro. per., for Defendant and Respondent.
This is an appeal from the trial court's modification of an order of child custody and visitation upon a finding of changed circumstances. Mother (Sonia) and father (Roberto) have two minor children, born in 2000 and 2001. The parties reached a final agreement on custody and visitation on January 29, 2004.
On August 20, 2004, Roberto filed an order to show cause seeking modification of custody and visitation, citing a change of circumstances. Roberto declared that a change of circumstances occurred when he changed jobs from a graveyard shift of 10:30 p.m. to 7:00 a.m. to a new schedule of 5:00 a.m. to 2:00 p.m. Roberto further argued this new schedule allowed him to spend 50/50 equal time-share with his children.
On January 21, 2005, the superior court granted equal time-share (essentially, joint custody) to Roberto, and decreased his child support payments to Sonia. Sonia appeals this ruling and requests this court reverse the trial court's modification of physical child custody and award her costs in bringing the appeal. Roberto did not file a respondent's brief; therefore, we decide the appeal on the record and the appellant's opening brief. (Cal. Rules of Court, rule 17(a)(2).)
FACTS
Sonia and Roberto had a relationship which resulted in two minor children. In 2004, the relationship ended and the couple reached a custody agreement resulting in a final custody order. The custody and visitation agreement stipulated that Sonia and Roberto would have joint legal custody, with â€
