Birnbaum v. Birnbaum

211 Cal.App.3d 1508 (1989)

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Nature of the Case

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Facts

Lorene (W) and Ira (H) received joint and legal custody of their three daughters, then aged 3,5, and 7. One child was given primary residence with H and another with W and the third was to alternate each year. During the school year, all three were to live with W during the week and spend weekends and Wednesday afternoons with H. Three years later, W petitioned for sole custody with alternating weekend visitations by H. H petitioned for the same for himself. H supported his declaration by evidence that from a recent move, W had moved the girls to an inferior school system. The trial court after consultation with a psychologist recommended alternating custody based on a four-week interval. The trial court approved, and W appealed.