Lisa Sirabella v. Bryan Etkie

This matter is set for hearing on Mother’s 5/1/2026 Request for Order (“RFO”) re: child custody/visitation regarding the parties’ daughter, Eliza (DOB 7/24/2021). Respondent/Father did not file a Response to the RFO. On 7/6/2026 Mother submitted a Declaration which attached Father’s Soberlink testing results.

Child Custody/Visitation

Both parties were re-referred to Family Court Services (“FCS”), and both were interviewed, separately, on 7/1/2026. The Court continues to be very concerned about Bryan’s Soberlink testing results. The Court has warned him about missed and/or failed test, on more than one occasion, which appears to have no affect on him. Given all the failed/missed/late tests since he started Soberlink testing, and his repeated suggestions that he is somehow being persecuted by the requirement to test, Bryan appears to be in serious denial regarding his alcohol abuse. The Court agrees that this poses an immediate and unreasonable risk for Eliza.

The Court is very familiar with this case and with the parties and their history. Having reviewed Mother’s RFO, the current Orders and the current and prior FCS Report & Recommendations, the Court finds that it is in the best interests of Eliza to adopt the FCS recommendations, as modified below. Therefore, the Court orders as follows:

1. Temporarily, Eliza shall live primarily with Mother and shall be with Father during the following times:

• Every Wednesday from 2:00 p.m. (or end of school) until 7:00 p.m.

• The 2nd, 3rd, 4th, and 5th (if any) Sunday of the month from 10:00 a.m. to 7:00 p.m. (Eliza shall remain in Mother’s care for the 1st Sunday of every month).

2. Father shall not consume any alcohol while Eliza is in his care.

3. Father shall continue to test with Soberlink every day he has Eliza at 8:00 a.m. and 5:00 p.m. If any of the 8:00 am tests are missed, more than 30 minutes late or positive, then that day’s visit shall be cancelled, and Eliza will remain in Lisa’s care.

4. All exchanges shall continue to be curbside outside of Mother’s home. If this is not agreed upon, then they shall be outside of the police station in Fairfax.

The Court will prepare the order per Rule 5.125, CA Rules of Court.

Any party who disagrees with the Court's tentative ruling and wishes to have oral argument must notify the Court at (415) 444-7046 and opposing counsel (or if the opposing party is selfrepresented, notice must be given directly to the opposing party) of their intent to appear at the hearing for oral argument by 4:00 pm on the court day before the hearing, as required by Marin County Superior Court Family Law Local Rules 7.12(B) and (C). Notice may be given by telephone or in person. Absent proper notice, no oral argument will be permitted. If no request for oral argument is made, the tentative ruling will become the order of the Court.