| Maury |
| (Carpal \'Tunnel) |
| 11/21/06 01:04 PM |
|
Re: relocation question
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If this is a California case, the critical case law in your state can be found in the LaMusga Supreme Court decision found online at http://www.thelizlibrary.org/lamusga/LAMUSGA-DECISION-S107355.PDF.
There is no guarantee and it could be a fight. A change of custody general requires a showing that there has been a change in circumstance since the last order and the change of custody is in the best interests of teh child. In a move-away contest, a change of custody Motion is often filed. In such a case, where the noncustodial parent is unable to meet the changed circumstances/detriment burden to warrant a custody modification, the move-away likely will warrant a modification of orders concerning visitation to minimize the children's loss of contact with the noncustodial parent. [Marriage of Burgess, supra, 13 Cal.4th at 40, 51 Cal.Rptr.2d at 455; see Marriage of Bryant (2001) 91 Cal.App.4th 789, 794, 110 Cal.Rptr.2d 791, 796 (non-move-away parent granted liberal visitation)] The trial court even has discretion in such cases to order the custodial move-away parent to bear the visitation travel costs either directly or through a Ca Fam § 4057(b)(5) "special circumstances" takeoff from guideline child support.
Interesting, however is the fact that the Note stability of child's environment must be considered. In some cases, however, a custody modification is warranted to preserve the children's interest in stability and continuity of environment.