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In re Marriage of Ramirez

May 27, 1997

IN RE MARRIAGE OF ARMANDINA RAMIREZ, RESPONDENT, AND DOMINGO GAONA, JR., APPELLANT. IN RE MARRIAGE OF DOMINGO GAONA, JR., RESPONDENT, AND ARMANDINA RAMIREZ, APPELLANT.


Appeal from Superior Court of King County. Docket No: 91-3-00618-1. Date filed: 06/15/95. Judge signing: Hon. Steven J. Mura.

Authored by H. Joseph Coleman. Concurring: C. Kenneth Grosse, Ronald E. Cox.

The opinion of the court was delivered by: Coleman

COLEMAN, J. -- Armandina (Mandy) Ramirez and Domingo Gaona, Jr. had two children, who originally resided primarily with Domingo. Three years after Domingo was awarded primary residential care, Mandy brought a motion to modify the parenting plan because Domingo committed domestic violence against his girlfriend. The court denied the motion, reasoning that because Domingo was no longer living with the girlfriend, a present detrimental environment based on the abuse no longer existed. The court did, however, place several restrictions upon Domingo's ability to conduct relationships with women while the children resided with him.

On appeal, Mandy argued that the court erred because the present detriment to the children need not be occurring at the exact time of trial. Domingo cross-appealed, claiming that the court erred in entering orders modifying the custody decree after it found that none of the statutory bases for modification existed.

Since this appeal was filed, Domingo committed another act of domestic violence, resulting in an award of primary residential custody to Mandy. Both parties' appeals are therefore moot. Any exception taken to the court's latest modification is the subject of another appeal, not this one.

Dismissed.

WE CONCUR:

C. Kenneth Grosse

Ronald E. Cox

19970527 ...


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