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IN RE MARRIAGE OF CARNEY

Docket No. L.A. 31064.

24 Cal.3d 725 (1979)

598 P.2d 36

157 Cal. Rptr. 383

In re the Marriage of ELLEN J. and WILLIAM T. CARNEY. WILLIAM T. CARNEY, Appellant, v. ELLEN J. CARNEY, Respondent.

Supreme Court of California.

August 7, 1979.

Attorney(s) appearing for the Case

COUNSEL

Nichols & Rose, Mason H. Rose V, Marilyn Holle and Mary-Lynne Fisher for Appellant.

Evelle J. Younger, Attorney General, L. Stephen Porter, Assistant Attorney General, Anne S. Pressman and G.R. Overton, Deputy Attorneys General, and Robert Funk as Amici Curiae on behalf of Appellant.

Baird, Baird, Belgum & Buchanan, Baird, Baird, Wulfsberg, Belgum & Buchanan and Lawrence C. Buchanan for Respondent.

OPINION

MOSK, J.

Appellant father (William) appeals from that portion of an interlocutory decree of dissolution which transfers custody of the two minor children of the marriage from himself to respondent mother (Ellen).

(1a) In this case of first impression we are called upon to resolve an apparent conflict between two strong public policies: the requirement that a custody award serve the best interests of the...

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