This question is for Socrateaser...
Am I on the right track with this argument? I'm still a little confused on what pieces should and should not be broken up. Thank you for your patience.
#3 The Trial Court erroneously disregarded the child’s Therapist recommendations.
The Mediator had sent a letter to the judge stating the counselor’s information had been initially overlooked. (Confidential Index 12 [Memorandum to the Court, Re: Mediator Recommendation]) A change in custody was not recommended for the well-being of the child, in the therapist’s opinion.
The trial court's complete disregard for the therapist's opinion in making a custody order is an abuse of discretion and cannot be upheld on any basis. See, In re Marriage of Burgess (1996) 13 Cal.4th 25, 32 ("The precise measure is whether the trial court could have reasonably concluded that the order in question advanced the 'best interest' of the child. We are required to uphold the ruling if it is correct on any basis, regardless of whether such basis was actually invoked.")
The trial court’s lack of discretion and disdain for the Therapist’s recommendations prejudiced appellant’s case.
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