Di Napoli v. Di Napoli
Nicholas Di Napoli (Nicholas) was born in 2007. His father, Nicholas Jr. (Nick) is a U.S. citizen, his mother, Patarawand (Pat) is a dual citizen of Thailand and the United States.[1] They have ended their seven year marriage. Pat wishes to return to Thailand with Nicholas. Nick opposed the move contending that cultural differences, distance and the enforceability of court orders preclude granting Pat's request. In an excellent, thoughtful and thorough statement of decision the trial judge weighed the relevant factors and found, inter alia, the "best interests of [the Child] requires an award of joint legal custody . . . and an award of approximately 75% physical custody to Pat in Thailand and 25% physical custody to [Nick] in California . . . ."
Nick appeals and contends that the trial court abused its discretion by ignoring the requisite legal factors in its assessment of whether the move-away order was in Nicholas' best interest. Our review of the record discloses that two loving parents could not agree upon the care and custody of their child. Their disagreement appears to have been grounded on irreconcilable notions of what would be best for Nicholas given their respective futures. It is equally clear that the trial court did anything but abuse its discretion in resolving this Solomonic dispute. We affirm.[2]
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