In Re Lamusga - In the Supreme Court of California

In Re Lamusga

By In the Supreme Court of California

  • Release Date: 2004-04-29
  • Genre: Law

Description

In In re Marriage of Burgess (1996) 13 Cal.4th 25, 28-29, we held that a parent seeking to relocate after dissolution of marriage is not required to establish that the move is "necessary" in order to be awarded physical custody of a minor child. Similarly, a parent who has been awarded physical custody of a child under an existing custody order also is not required to show that a proposed move is "necessary" and instead " `has the right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.' (Fam. Code, ยง 7501.)" (Id. at p. 29.)

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