CALIFORNIA FAMILY LAW
...Custody and Visitation
......Modification
.........Changed Circumstances Not Req'd
............Temporary Custody Orders
4 Cards On This Topic:

In changing custody, trial court properly applied best interest standard, rather than changed circumstance rule where previous stipulated orders did not constitute final orders.

Stipulated custody order is final judicial determination for purposes of changed circumstance rule only where clear, affirmative indication parties intended such result.

If Judgment leaves final custody sharing order to future agreement, it is not a final custody determination per Montenegro and nonmoving parent is entitled to a de novo best interests analysis.

Changed circumstances not required at trial to modify stipulation for temporary order.