Wednesday, February 11, 2004

Marriage of McGinnis

Another relevant relocation case, summary copied verbatim from Brief Reporter.

Marriage of McGinnis
Diane M. Matsinger
Petitioner-Appellant's Petition for Writ of Supersedeas
California Court of Appeal Second Appellate District Division Six
September, 1991

After having granted joint custody of children to parents following a divorce, the court may not grant the mother sole physical custody of the children simply because she was moving to a different city and would be staying at home full time with the children. Where both parents are equally capable of caring for the children, the court may not change custody because one parent has the financial where-with-all to stay home with the children. Further, if a custodial parent chooses to move outside the community where the children have resided since birth, the court should award custody to the parent remaining in the community so that the children's lives are not disrupted. Pending appeal, child custody should remain at the status quo.

Get the entire case at Brief Reporter.

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