Burchard v. Garay
Supreme Court of California
724 P.2d 486 (Cal. 1986)
After Ana Marie Burchard (plaintiff) and William Garay (defendant) had a son together, Garay stipulated to paternity and paid child support, and the parties initially agreed Burchard would retain custody with Garay having two days of weekly visitation. At the custody hearing, the trial court instead awarded custody to Garay based on three factors: Garay's superior financial position, his wife's availability as a stay-at-home stepmother compared to Burchard's reliance on daycare and babysitters, and Garay's greater willingness to permit visitation compared to Burchard; Burchard appealed.
Whether a trial court making a custody determination based on the child's best interests may rely on the parents' relative economic positions and the mother's full-time employment status.