History of Move-Away Laws

Increasingly, parents who are separated or divorced are considering moves out of the state of California. The economic woes that have plagued the U.S. since 2008 have been exceptionally severe in this state. Whether a current custody agreement involves joint or sole custody, there could be ways that a parent wanting to stay in California could prevent his or her ex-spouse from leaving, or make a move more difficult. This is because a judge may need to hear about the disputed move and decide what is in the best interest of the child.

California Move-Away History

In 1996, the California Supreme Court decided in In Re Marriage of Burgess that parents did not need to prove that a move was “necessary” in order to relocate. This allowed a custodial parent to move with very little hindrance from non-custodial parents. The state legislature later passed this as law, which led to a period of time when it was quite easy for custodial parents to relocate.

Later, in the 2004 decision of In Re Marriage of LaMusaga, the court ruled that non-custodial parents could file for a change in custody if the custodial parent was seeking relocation. However, the non-custodial parent had to be able to demonstrate that this relocation would be harmful to the child.

In response to this 2004 decision, the state legislature attempted to mitigate the power of non-custodial parents with a new law in 2006. This proposed law, Senate Bill 1482, would have limited what could be presented as evidence by non-custodial parents seeking to prove that relocation would be detrimental to their child. However, the public did not support this proposed law and it never passed.

Contact Us

No matter which side of a custody dispute you may be on, there are laws that could greatly affect your case. Contact the knowledgeable and compassionate Oceanside child custody lawyers of Fischer & Van Thiel, LLP, at 760-722-7646 today to learn more about what our attorneys can do for you.