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Somari Thunder v. Marlo L. Mckelvy

March 2, 2012

SOMARI THUNDER, RESPONDENT,
v.
MARLO L. MCKELVY, APPELLANT.



(Super. Ct. No. FL343773)

The opinion of the court was delivered by: Raye , P. J.

Thunder v. McKelvy

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following a bench trial of Marlo L. McKelvy's application to obtain physical custody of her six-year-old daughter from the girl's father, Somari Thunder, the court found the child "is doing well in the primary care of her Father" and declined to modify a 2008 order to grant physical custody to McKelvy.

In this pro se judgment roll appeal, McKelvy contends, among other things, that the trial court failed to consider "pertinent information," based its decision on "erroneous information" provided by mediators, and committed reversible error in refusing to "return" her daughter. We find no error and shall affirm the order.

FACTUAL AND PROCEDURAL SUMMARY

McKelvy has elected to proceed on a clerk's transcript (Cal. Rules of Court, rule 8.122; further rule references are to the Cal. Rules of Court), and without a record of the oral proceedings in the trial court.

Accordingly, the facts we glean from the record on appeal are limited.

McKelvy is the mother of two children: a 12-year-old son by another father, and an eight-year-old daughter from her marriage to Thunder.

In 2008 both children were living with McKelvy. McKelvy was then arrested for causing corporal injury to her son; he was placed in foster care while McKelvy underwent counseling and parenting education.

After McKelvy lost custody of her son, her daughter was also removed from her custody; physical custody was awarded to Thunder, with McKelvy having supervised visitation.

When McKelvy's son was returned to her custody, she initiated the instant proceedings to modify the existing custody order to eliminate the supervised visitation requirement and transfer sole legal and physical custody of her daughter to her. McKelvy asserted Thunder had "willfully and intentionally thwarted [her] right to have [their] daughter returned to [her]" and ...


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