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California ruling on move-away cases splits family advocates.

Publication: Trial
Publication Date: 01-JUL-04 		Format: Online - approximately 854 words
Delivery: Immediate Online Access

Article Excerpt
A recent California Supreme Court ruling has sparked controversy among family law attorneys over whose interests prevail and what presumptions can be made in custody-relocation disputes. The case centered on whether a parent with primary physical custody of his or her children may move despite the objections of the noncustodial parent.

The court had previously held that the custodial parent has a presumptive right to relocate and retain custody, unless the other parent can show that the move would be detrimental to the children. (In re Marriage of Burgess, 51 Cal. Rptr. 2d 444 (1996).) But in In re Marriage of LaMusga, the court said that "just as a custodial parent does not have to establish that a planned move is 'necessary,' neither does the noncustodial parent...

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