Chasen Paul David Gonzales v. Chipongolo Mulenga

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

5) 6 CHASEN PAUL DAVID GONZALES,) Case Number: FPT-24-378337) 7 Petitioner) Hearing Date: July 21, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 CHIPONGOLO MULENGA,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 OTHER REVIEW HEARING 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) Petitioner Chasen Paul David Gonzales (Father) and Chipongolo Mulenga (Mother) have one 18 minor child together, Ethan (DOB 7/22/2023, age 2).

Father lives in San Francisco; Mother lives 19 in Walnut Creek. On 12/4/2024, a 4-year Domestic Violence Restraining Order was issued 20 against Father, protecting Mother. 21 2) On 10/2/2025, the Court found Father met his burden of overcoming the Family Code section 22 3044 presumption against joint custody but found it was in Ethan’s best interest for Mother to 23 retain sole legal and physical custody, with parenting time for Father from Thursday to Friday 24 during Week A and Thursday to Sunday during Week B (29% timeshare).

The Court expressed 25 concern about the parties’ poor communication and ordered them to continue participating in 26 coparenting counseling. 27 3) On 1/6/2026, Father filed a request for joint legal custody, a two-phase transition into a 2-2-5-5 28 parenting time schedule, a holiday schedule, and a review hearing in 6 months. 29

1 4) Mother filed a response setting forth a proposed holiday schedule and requesting a right of first 2 refusal and modification of the custody exchange location. Father filed a reply disputing Mother’s 3 assertions. 4 5) On 4/21/2026, the Court maintained the custody and parenting time order, set a holiday schedule, 5 granted Father’s request to travel with Ethan out of state from 7/1/2026 to 7/7/2026, and set a 6 review hearing for 7/21/2026. 7 6) Mother recently retained new counsel, who has requested a brief continuance of the 7/21/2026 8 hearing based on counsel’s unavailability on that date and her need for time to prepare and 9 engage in meet and confer efforts with Father’s counsel.

Father opposes this request, stating there 10 are issues such as Ethan’s school, parenting time, and access to medical records that he states 11 require immediate attention. Mother has filed a supplemental declaration disputing Father’s 12 assertions regarding the urgency of this matter. 13 B. Findings and Orders 14 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 15 Custody Jurisdiction and Enforcement Act. A violation of this order may subject the party in 16 violation to civil or criminal penalties, or both.

The country of habitual residence of the minor 17 child is the United States. 18 2) The Court continues the matter to 9/1/2026 at 9AM in Department 404. All prior orders 19 including the order for both parties to have the right to view all records regarding Ethan remain in 20 full force and effect. Pending the 9/1/2026 hearing, the parties shall meet and confer regarding the 21 issues raised in the parties’ update declarations. The parties may file and serve brief update 22 declarations no longer than 5 pages at least 10 days before the 9/1/2026 hearing only if there are 23 significant updates since the filing of their last declarations. 24 3) The Court will prepare the Findings and Order After Hearing. 25

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