Does appellant have to change her argument to support her claim that the equalization of children between custodial and non-custodial parents is justified?
California, United States of America
The following excerpt is from Marriage of Dade, In re, 230 Cal.App.3d 621, 281 Cal.Rptr. 609 (Cal. App. 1991):
7 Respondent complains that appellant did not advance this argument below, and instead argued the unequal treatment of custodial and noncustodial parents bore a rational relationship to a legitimate state purpose. Appellant may change her theory on appeal if the issue involves solely a question of law. (Seeley v. Seymour (1987) 190 Cal.App.3d 844, 856, 237 Cal.Rptr. 282.)
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