Move Aways in California Courts

[Devoted Stepdad]

Any one know how the courts are feeling these day about CP's moving out of state to be with boyfriend of the month?

It seems to me that a law was passed awhile back that either made it easier or harder for the mom to move away.

Please, any info would be greatly appreciated.

thanks

[CustodyIQ]

It's my understanding that legislation was enacted to codify the ruling on the Burgess case; which held that a custodial parent had the presumed right to move with their child, barring evidence that showed it would be detrimental to the child.

LaMusga in 2004 clarified Burgess.  The Supreme Court wrote:

"...the noncustodial parent bears the initial burden of showing that the proposed relocation of the children's residence would cause detriment to the children, requiring a reevaluation of the children's custody. The likely impact of the proposed move on the noncustodial parent's relationship with the children is a relevant factor in determining whether the move would cause detriment to the children and, when considered in light of all of the relevant factors, may be sufficient to justify a change in custody. If the noncustodial parent makes such an initial showing of detriment, the court must perform the delicate and difficult task of determining whether a change in custody is in the best interests of the children."

So, the initial burden is only to show the existence of detriment to the child, not to prove a case.

Then the court must decide what's in the child's best interest.

This was my layperson review, btw.

[Devoted Stepdad]

>So, the initial burden is only to show the existence of
>detriment to the child, not to prove a case.
>
>Then the court must decide what's in the child's best
>interest.

Thanks for your comments.  

If I understand this correctly, you are saying that I must prove not seeing my son will be a detriment to him?  Then, if the ourt agrees then they will decide who he'll stay with?

This truely sucks, as I guess because she as moved out of state so that I'm not exerising my visitation rights that I must be a poor father and  pay even more child support??

Sorry for being so negative, I just can't believe this system is so gender specific.  Please tell me there's some type of hope here.