Request for Order of Child Custody, Visitation (Parenting Time), and Tier 2 with Minor Child, Order Other Parent to Return Clothing
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 COUNTY OF SAN FRANCISCO,) Case Number: FCS-09-344959) 7 Petitioner) Hearing Date: June 25, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 AJAX COLLADO,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (PARENTING TIME), AND TIER 2 13 WITH MINOR CHILD, ORDER OTHER PARENT TO RETURN CLOTHING 14 TENTATIVE RULING 15 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 16 Court makes the following findings and orders: 17 A.
Procedural History 18 1) Respondent Ajax Collado (Father) and Other Parent Jennyfer Murcia Madrid (Mother) have one 19 minor child, Kiara Collado Murcia (DOB 03/24/2009, age 17). 20 2) On for hearing is Father’s Request for Order filed 3/25/2026 seeking sole legal custody and sole 21 physical custody, no visitation for Mother, a Tier II interview of Kiara, and an order requiring 22 Mother to return Kiara’s belongings. Father states that Kiara disclosed to him last Christmas 23 break that she was sexually assaulted by classmates in or near Mother’s home.
Father states that 24 Kiara stayed with him for a week in January and two and a half weeks in February and has been 25 living solely with him since March 2026. He states that Mother has controlled his parenting time 26 and has prevented him from seeing Kiara. Father states Kiara is not performing at grade level, is 27 attending continuation school, and has a history of suicide attempts and self-harm, which Kiara 28 has told Father is triggered by arguments with Mother. Father states that Kiara says she wants to 29 move back to San Francisco, live with Father during the week and see Mother on the weekends,
1 and change schools due to the sexual assault. Father would like Mother to have no parenting time 2 until Kiara is more stable. 3 3) On 4/15/2026, Mother filed a responsive declaration stating she has been Kiara’s sole caretaker 4 since she was an infant. She states she encouraged Father’s relationship with Kiara but that he 5 was never around when Kiara was younger and has since spent time with Kiara only when it is 6 convenient for him. Mother states that Father often leaves Kiara alone with her stepmother and 7 stepbrothers and that the stepmother told Kiara she was not allowed to go back to Mother 8 “because of custody court.”
Mother states the stepmother also unilaterally unenrolled Kiara from 9 school and falsely named herself as the mother on the school form. Mother states she has been 10 speaking to a detective about the sexual assault incident to press charges and is looking to get 11 Kiara in therapy. Mother states Kiara is no longer speaking to Mother because of Father’s 12 “manipulation and down talk” towards Mother. Mother states Kiara is afraid of the stepmother 13 and Father’s reaction if she does talk to Mother.
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Mother states Kiara told her she does not want 14 Father to go to court for sole legal and physical custody and started to cry, saying she did not 15 want “any of this to happen” and that she loves Mother and wants to come home. Mother requests 16 that she remain the “sole legal guardian” and that Kiara be returned to her home, with Father 17 having parenting time on alternating weekends and special occasions like holidays and birthdays. 18 B. Findings and Orders 19 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 20 Custody Jurisdiction and Enforcement Act.
A violation of this order may subject the party in 21 violation to civil or criminal penalties, or both. The country of habitual residence of the minor 22 child is the United States. 23 2) The Court orders a Tier II interview of the minor child, Kiara, regarding her thoughts on custody 24 and parenting time. The Court hereby continues the hearing to Tuesday, 7/28/2026 at 9:00 AM 25 in Dept. 404 to allow sufficient time for the interview to occur. The parties shall call Family 26 Court Services at (415) 238-3623 on or before 6/26/2026 to schedule Kiara’s in-person interview. 27 The parties shall not speak to Kiara or allow others to speak to her regarding the interview, other 28 than to tell her that it is occurring and for scheduling purposes. 29
1 3) Pending the next hearing, both parties shall ensure that Kiara has her clothing and personal effects 2 while in either party’s care and shall not prevent her from seeing or talking to either parent. 3 4) The Court will prepare the Findings and Order After Hearing. 4
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