Burchard v. Garay Case Brief Summary | Law Case Explained

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Burchard v. Garay, 724 P.2d 486 (1986)
Parents sometimes wish they had more robust financial resources, or less work demands, to care for their children. But should courts consider these factors when changing custodial arrangements? The 1986 California case of Burchard versus Garay examines this question.
Ana Burchard and William Garay had a brief intimate relationship, resulting in the birth of their son in 1979. While training to become a nurse and working two jobs, Ana raised their son and utilized childcare providers. She later brought an action against William for paternity and support, and in November of 1980, William was ordered to pay Ana monthly child support.
The following month, he visited his son for the first time. Shortly thereafter, William and Ana tried to live and raise their child together. When this proved unsuccessful, William requested visitation.
Ana refused and filed for exclusive custody in trial court, as did William. The parties stipulated that Ana would retain custody pending a hearing, during which William would get two days’ monthly visitation.
At the hearing, it was established that each parent was capable of providing adequate care for the child, who was healthy, good natured, and well adjusted. It was also shown that William was financially better off than Ana and had married a woman who could provide childcare.
Relying on these considerations, the trial court applied the best-interests test and awarded William custody. Contending William should’ve had to establish changed circumstances, Ana appealed. The appellate court affirmed, and Ana again appealed.
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