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Divorce Library > California Move-Away Case


California Move Away Cases
When a custodial parent requests a move away order from the court allowing him/her to move away with his/her child a significant distance such that it would interfere with the noncustodial parent’s rights to exercise visitation with his/her children, this is frequently referred to as a relocation or move away case.


In California, relocation or move-away cases are one of the most stressful and difficult, if not the most stressful and difficult, cases for families and the family courts to hear. A successful move away order can often have a life-long effect on the noncustodial or left-behind parent’s relationship with his/her child, which may never be fully restored.

In California, move away cases such as Marriage of Burgess (2006) and In re Marriage of LaMusga (2004) are worth noting.

Burgess (1996) California Move Away Case
In the case of Marriage of Burgess (1996), precedence had been established affording the custodial parent the presumptive right to move away with his/her children under the best interest of the child standard. Further, the only restriction on a custodial parent to move away with his/her children would be a showing that the move was made in “bad faith." For example, if the sole purpose of the move away was to frustrate the noncustodial parent's time with his/her child.

LaMusga (2004) California Move Away Case
However, in a recent California Supreme Court case, in Marriage of LaMusga (2004), the likely impact of a proposed move on the noncustodial parent’s relationship with the children is a relevant factor in determining whether the custodial parent’s move would cause detriment to the children, and may be sufficient to justify a change in custody.

California Move Away Cases After Burgess (1996) & Before LaMusga (2004)
There are several other significant California move away cases that took place after Burgess (1996) and before LaMusga (2004) that are also noteworthy such as the following: Brody v. Kroll (1996), Cassady v. Signorelli (1996), Ruisi v. Thieriot (1997), Marriage of Whealon (1997), Marriage of Condon (1998), In re Marriage of Biallas (1998), Marriage of Edlund & Hales (1998), Marriage of Bryant (2001), Marriage of Williams (2001), Marriage of Lasich (2002), In re Marriage of Richardson (2002), Marriage of Abrams (2003), Marriage of Campos (2003), Marriage of Abargil (2003)

More About Move Away Case
Move away cases often have a winner take all feel to them, especially for the noncustodial or left-behind parent. A move away case is not about whether or not the parent can move away, but rather whether or not the parent can be permitted by the court to move away with his/her child. If you are seeking a move away order or trying to defend or prevent a move away order you may to have an attorney who is familiar with the recent move away case law and has experience successfully representing clients on move away cases. To present your case to Southern California divorce attorneys, divorce lawyers, and child custody attorneys in your area now, click here >>

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