Olvera V. Superior Court

Jesus Olvera (petitioner) filed an action for dissolution of marriage in the Yuma County Superior Court. His wife, Joan D. Olvera (respondent) is the defendant in that action and the real party in interest in this action. The parties were married on September 6, 1981. Petitioner is the natural father of a 12-year old girl, the issue of a prior marriage. In the dissolution action of the prior marriage, petitioner was awarded custody of his daughter. Respondent resided with petitioner and his minor child from September, 1981, until September, 1990. In response to the petition for dissolution, respondent stated that the child was not an issue of their marriage. However, respondent alleged that she had been the "primary caretaker" of the child since 1981 and that it would be in the child's best interest to have custody awarded to respondent. At an order to show cause hearing on August 13, 1990, respondent was awarded temporary custody of the child. Petitioner objected on the grounds that in an action for dissolution of a marriage, the court lacked jurisdiction to decide custody of a child not the issue of the marriage. Subsequently, the temporary custody of the child was given to the Department of Economic Security. However, on February 20, 1991, the court restored temporary custody to the respondent over petitioner's jurisdictional objections.