Burchard v. Garay
Supreme Court of California
724 P.2d 486 (Cal. 1986)
After a brief relationship, Ana Marie Burchard (plaintiff) and William Garay (defendant) had a son. Later, Burchard filed a paternity action and a child-support action against Garay. Court-ordered blood tests confirmed Garay to be the child’s father. Garay stipulated to paternity and agreed to pay child support, which the trial court approved. When Garay asked Burchard for visitation rights, Burchard refused and filed a petition seeking exclusive custody of the child. Garay counter-petitioned, also seeking exclusive custody. Prior to the hearing, Burchard and Garay agreed that Burchard would retain custody, with Garay having two full days of visitation each week. At the hearing, the trial court awarded custody of the child to Garay based upon three factors, namely that (1) Garay was financially better off and better equipped economically to care for his son; (2) Garay was married to a woman who could provide constant care for the child as a stepmother, while Burchard had to rely on daycare centers and babysitters; and (3) Garay would willingly permit visitation rights, unlike Burchard. Burchard appealed.
Rule of Law
Holding and Reasoning (Broussard, J.)
Concurrence (Bird, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 169,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.