Popovich v. Newton
This appeal arises from a child custody dispute in which Appellant Lisa Popovich (Popovich) sought sole physical and legal custody of her two minor children with Respondent Rick Newton (Newton). Popovichs request for sole custody was based primarily on her allegation that Newton had committed domestic violence against her during their marriage. After an extended trial, the trial court entered a judgment awarding the parties joint physical and legal custody of the children. In a 57-page Statement of Decision, the trial court concluded that Newton had rebutted the Family Code section 3044 presumption against joint custody to a perpetrator of domestic violence and that a joint custody award was in the best interest of the children. On appeal, Popovich makes several arguments. First, she contends that the trial court erroneously concluded that Newton, who indisputably committed an act of domestic violence against her, overcame the statutory presumption against a joint custody award. Second, Popovich asserts that the trial court improperly precluded her from cross-examining the child custody evaluator about the deposition testimony of Newtons former wife who had testified about his alleged abusive behavior toward her. Third, Popovich argues that the trial court erred in awarding attorneys fees and costs to Newton by failing to apply a statutory presumption against an attorneys fees award to a perpetrator of domestic violence. Court conclude that the trial courts factual findings in this matter were supported by substantial evidence and that there was no abuse of discretion in the trial courts award of joint custody. Accordingly, Court affirm the judgment.
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