Marriage of Bischler CA4/1 filed 2/26/13 A

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State: California

Court: California Eastern District Court

Docket No: D061894

Case Date: 02/26/2013

Preview:Filed 2/26/13 Marriage of Bischler CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

In re the Marriage of STACIA M. and NEIL E. BISCHLER. D061894 STACIA M. BISCHLER, Respondent, v. NEIL E. BISCHLER, Appellant. (Super. Ct. No. D475533)

APPEAL from an order of the Superior Court of San Diego County, Robert C. Longstreth, Judge. Affirmed.

Neil Bischler appeals from an order denying his motion to modify a child custody order and allow his children to move from San Diego County to live with him in Illinois. He argues the trial court (1) abused its discretion by failing to consider or make express findings on various issues and making several improper findings and (2) violated his due process rights by prejudging the case. We reject these contentions and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND Neil Bischler (Father) and Stacia Bischler (Mother) separated in 2000 and were divorced in 2003.1 In a final custody order, Mother was given physical custody of their three children and Father was given visitation. The children have resided primarily with Mother since the parties' separation in May 2000, and have stayed with Father in his home in Illinois during school breaks. On August 5, 2011 (when the children were ages 17, 13, and 12), Father filed a motion to modify the child custody order. Father requested that the court change the order to award him physical custody of the three children and allow the children to live with him and his current wife and her children in Illinois. Father alleged that Mother was neglecting the children; the children were in an unstable living situation and were suffering emotionally and academically; and it was in the children's best interests to reside with him. The hearing on Father's motion was held on January 12, 2012. Both parties were represented by counsel; Mother appeared and Father was available telephonically. By the time of the hearing, the parties' eldest child was 18 years old and accordingly she was no longer part of the custody proceedings. The other two children were ages 14 and 13. The court was presented with declarations from Father and several other individuals in

1 Mother did not file a respondent's brief in the current appeal, and the appellate record designated by Father is sparse. To assist with our evaluation of Father's contentions, we have taken judicial notice of the superior court file and have reviewed it. (Evid. Code,

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