Birnbaum v. Birnbau

211 Cal.App.3d 1508 (1989)

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.