Request for Order for Change of Visitation, Loan Assumption, Clarify Visitation
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 CALVIN PRENTICE NOEL WELCH,) Case Number: FDI-23-798807) 7 Petitioner) Hearing Date: July 7, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 KHANH PHAM,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER FOR CHANGE OF CHANGE OF VISITATION (PARENTING TIME), 13 LOAN ASSUMPTION, CLARIFY VISITATION 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) Petitioner Calvin Welch (Father) and Respondent Khanh Pham (Mother) married on 4/16/2010 19 and separated on 9/25/2018, for a marriage of 8 years and 6 months. The parties have one child, 20 Lucas (DOB: 10/5/2010, age 16). 21 2) On 4/18/2025, the Court entered a True Default Judgment which includes orders awarding joint 22 legal and physical custody of Lucas to both parties, ordering Father to pay Mother $300 per 23 month in child support and awarding Mother sole ownership of the real property located at 35191 24 Harpoon Close, Sea Ranch, CA 95497. 25 3) On 2/11/2026, Father filed a Request for Order seeking a timeshare schedule for Lucas and 26 requesting an order requiring Mother to be solely responsible for all carrying costs for the Sea 27 Ranch property. 28 4) On 3/16/2026, Mother filed a Responsive Declaration opposing Father’s proposed timeshare 29 schedule.
As for the Sea Ranch property, Mother states she is “willing to pursue loan assumption
1 as required by the Judgment. Based on communication with the loan assumption consultant at 2 Chase, the loan assumption process may take approximately six to seven months, as it is subject 3 to lender approval, underwriting, and processing timelines. I respectfully request reasonable time 4 consistent with the lender's requirements to complete the process.”
5 5) On 3/17/2026, Father filed a second Request for Order seeking the same relief as set forth in 6 Father’s 2/11/2026 Request for Order. 7 6) Per the Proof of Service filed 4/24/2026, Mother was personally served with Father’s Request for 8 Order, the Tentative Ruling Instructions, and other moving papers by mail on 4/24/2026. 9 7) On 6/29/2026, a Child Custody and Visitation Stipulation and Order was entered which provides 10 that the parties’ child will begin individual therapy, will have visitation with Father on the second 11 Saturday of each month, and will have dinner with Mother and Father’s family one Sunday per 12 month.
13 B. Findings and Order 14 1) Effective immediately, Mother shall be solely responsible for all carrying costs, including all 15 mortgage payments, taxes, insurance, and other property-related expenses, for the real property 16 located at 35191 Harpoon Close, Sea Ranch, CA 95497. 17 2) Mother shall use her best efforts to assume the mortgage for the Sea Ranch property as soon as 18 possible. Mother shall keep Father updated regarding the status of her efforts. 19 3) The Court will prepare the Findings and Order After Hearing. 20
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