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Huff v. Vallejo

Pending Misdemeanor And Pending Immigration Enforcement Actions Did Not Preclude Expanding Parent's Visitation Rights

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Latrelle Huff (“the mother”) appeals from the trial court’s contempt order which also modified Ignacio Vallejo’s (“the father”) visitation with their three-year-old twins from supervised to unsupervised. She contends that it was “a gross abuse of discretion” for the trial court to change the visitation to unsupervised based upon a pending misdemeanor case against the father and his “current status as an illegal alien with an active Immigration and Customs Enforcement case.”[1] For the reasons explained below, we disagree and affirm.With regard to visitation decisions,   the trial court has very broad discretion, looking always to the best interest of the child. When the trial court has exercised that discretion, this court will not interfere unless the evidence shows a clear abuse of discretion, and where there is any evidence to support the trial court’s finding, this court will not find there was an abuse of discretion.

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