California Court of Appeals, Second District, First Division
In re the Marriage of CHRISTOPHER DALE OLSON and HEATHER RAE OLSON.
v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent HEATHER RAE OLSON, Real Party in Interest.
ORIGINAL PROCEEDINGS; petition for writ of mandate. Los Angeles County Super. Ct. No. YD060250 John Slawson, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)
[Copyrighted Material Omitted]
Rombro & Associates, S. Roger Rombro, Melinda A. Manley, and Kelly A. Tufts for Petitioner.
No appearance for Respondent.
No appearance for Real Party in Interest.
ROTHSCHILD, P. J.
Christopher Dale Olson filed for divorce from Heather Rae Olson, requesting joint custody of their two young children. Heather did not respond, and a default judgment of dissolution, including a custody order, was granted. Over a year later, Heather petitioned for a modification of the custody order. Christopher objected, contending that because the default judgment remained in effect, Heather lacked standing to request a modification.
The trial court ruled that Heather did have standing to seek the modification and ordered the couple to participate in a parenting plan assessment program. Although this order is not appealable, we exercise our discretion to treat this appeal as a petition for a writ of mandate and deny the petition.
We hold that a parent has standing under Family Code section 3087 to request a modification of a child custody judgment notwithstanding that the judgment sought to be modified was a default judgment taken against the parent who is petitioning for the change.
FACTS AND PROCEEDINGS BELOW