Faucett v. Vasquez

Andrew Faucett (plaintiff) was the custodial parent of his son Billy under a 2002 order, with Darianna Vasquez (defendant) receiving liberal visitation. Faucett remarried, and Billy's stepmother took on a parenting role. When Faucett, a servicemember, learned he would be deployed for about a year starting February 2009, Vasquez sought transfer of custody, arguing that as Billy's natural parent she was entitled to preference over a stepmother under the parental-preference doctrine and so did not need to show changed circumstances. Faucett countered that the real dispute was between two natural parents, not between Vasquez and the stepmother, and that Vasquez's own living situation was unstable. The trial judge dismissed Vasquez's application, found no need for an immediate custody change, but increased her parenting time and ordered a custody evaluation; Vasquez appealed.