Speelman v. Superior Court

In Speelman v. Superior Court (1983) 152 Cal.App.3d 124, a California mother and an out-of-state father had joint legal custody of their child. Father had custody of the child during the school year and mother had custody during the summers. Mother grew dissatisfied with the arrangement and sought a change of custody. The trial court granted mother's petition and gave sole custody to mother, using the best interest standard rather than the changed circumstances rule. The appellate court reversed. In doing so, the court rejected mother's argument that the changed circumstances test did not apply because the child's nine-month stay with his father during the school year did not create an established mode of living or transform father's home into the child's accustomed environment. The court stated: "The period of father's custody is significant only in determining whether the changed circumstances are important enough to justify dislodging the children from their current environments. It cannot be used as an excuse to permit a change of custody without changed conditions." (Id. at p. 130.)