By KAREN VELIE In the San Luis Obispo County Courthouse, where families' futures hang in the balance, several judges entrusted with the power to shape the
In the San Luis Obispo County Courthouse, where families’ futures hang in the balance, several judges entrusted with the power to shape the lives of parents and children either did not fully understand or feel the need to properly apply laws they are meant to uphold.
In June 2021, Judge Ginger Garrett provided Jim a pathway to visitation that included entering a drug treatment program and providing random drug testing results along with psychological records. The judge also suggested Jim approach county mental health with a copy of the June 2021 order to obtain a psychiatric examination in order to show changed circumstances – an inaccurate legal standard.
Val’s attorney Christopher Duenow argued that Jim needed to show “changed circumstances,” at a Sept. 2022 hearing. Duenow, however, applied the wrong legal standard for visitation modification. Legal professionals note that this error is akin to a veteran driver confusing the brake pedal with the gas pedal.
At a review hearing on Dec. 15, 2022, Judge Guerrero stated he had “not found a significant change in circumstances to warrant a custody change.” In addition, the appellate court determined Judge Guerrero, Judge Garrett and attorney Duenow had all applied the wrong standard. The legal standard for modification of visitation is the best interest of the child.
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