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SOUTHERN CALIFORNIA RECORD

Tuesday, November 5, 2024

Stacy sues Frank for violating an existing child custody order

State Court
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In a lawsuit filed in the Superior Court of Los Angeles County, Stacy V. and Frank B. are embroiled in a child custody dispute (Case ID: B326955). The case, dated April 25, 2024, involves Frank's appeal against the family court's orders denying his request for modifying a prior child custody order and his motion for reconsideration.

Frank B., representing himself, sought sole legal and physical custody of his two sons. He alleged that Stacy V., who currently has sole custody, violated the existing custody order by refusing to transfer the boys to him on July 4, 2022 after he announced he would be three hours late for a scheduled handoff. The family court found Frank’s request frivolous and awarded Stacy $2,625 in attorneys’ fees under Family Code section 271.

On appeal, Frank contends that the family court abused its discretion by finding that Stacy’s conduct did not violate the existing custody order, denying his request to change custody, awarding Stacy attorneys’ fees, and denying his motion for reconsideration. However, ample evidence supports the family court’s decision that Frank’s request was frivolous—seeking a change of custody and $10,000 in sanctions based on a dispute over a single custody exchange.

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