Celia Lucrecia N. Vasquez Candell v. Byron A. Ixcal Avila

1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4

5) 6 CELIA LUCRECIA N. VASQUEZ CANDELL,) Case Number: FDI-25-802072) 7 Petitioner) Hearing Date: May 12, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 BYRON A. IXCAL AVILA,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (PARENTING TIME) 13 TENTATIVE RULING 14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 15 Court makes the following findings and orders: 16 A. Procedural History 17 1) The parties are Petitioner Celia Candell (Mother) and Respondent Byron Avila (Father).

The 18 parties have one minor child: Genesis Vasquez (DOB: 08/02/10). 19 2) On December 30, 2025, Father filed a Request for Order seeking initial custody and visitation 20 orders. Father seeks: 21 a. Joint legal and joint physical custody. 22 b. Week on/week off schedule. 23 c. Exchanges facilitated by parent walking the child to the other parent’s apartment upon 24 conclusion of their parenting time. 25 d. A review hearing to ensure visits are moving forward without issue. 26 3) On November 19, 2025, the parties executed a Stipulation and Order, which was signed by the 27 Court and provides for the following terms: 28 a.

Continuance of the issues contained in Father’s Request for Order filed April 16, 2025, to 29 January 22, 2026;

1 b. Joint legal custody of the minor child; 2 c. Physical custody of the minor child to Mother; 3 d. An agreement to appoint a mutually selected expert to conduct a Brief Focused 4 Assessment; and 5 e. An agreement that Father shall pay guideline child support and temporary spousal 6 support with exchange of updated Income and Expense Declarations and reservation of 7 retroactive support. 8 4) On January 14, 2026, Mother filed a Responsive Declaration to Father’s Request for Order in 9 which she asks the Court to: 10 a.

Grant her sole legal and sole physical custody of the minor child; and 11 b. Grant parenting time to Father on Sundays. 12 5) On January 27, 2026, Father filed a declaration, which has been read and considered by the Court. 13 6) On February 20, 2026, the parties entered into a Stipulation and Order, which provides that the 14 parents will communicate via Our Family Wizard (OFW) and they will each pay their own costs 15 for the OFW Application. 16 7) On April 14, 2026, the parties appeared at hearing; however, a Spanish language interpreter was 17 not available.

On the Court’s own motion, the matter was continued to May 12, 2026. 18 B. Findings and Order 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) Mother and Father shall share joint legal custody of the minor child. 24 3) Mother shall have sole physical custody of the minor child. 25 4) Father’s parenting time with the minor child shall be on alternate weekends from Friday at 6:00 26 p.m. to Sunday at 6:00 p.m.

Father’s first weekend shall commence on Friday May 15, 2026. 27 5) The parents are permitted to modify the parenting plan by mutual written agreement (e.g., OFW, 28 email, or letter) provided they deem doing so is in the minor child’s best-interest. 29 6) All prior orders not in conflict with the orders made herein shall remain in full force and effect.

1 7) The Court will prepare the Findings and Order After Hearing. 2

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