Friday, April 30, 2004

LaMusga Case- The California Supreme Court Strikes a Blow to Move Away Parents (read: Moms)!!

The California Supreme Court ruled Thursday on the long awaited LaMusga case. From the article:

"The high court ruled that trial courts should have flexibility to consider a variety of factors before allowing a move, including whether it might hurt the relationship between the children and the parent without custody.

Previously, most trial courts allowed custodial parents to move away, unless the move was intended to hurt the other parent. But recently, some trial courts were stopping moves for other reasons, and seeing their rulings overturned on appeal.

With Thursday's ruling, the high court clarified that custodial parents don't have a presumptive right to move, and that court needs to look at the interests of the child. This ruling is in keeping with a recent trend in other states."

The opinion was 6 to 1.

Other Relevant Articles:, Marin Independent Journal,,, ktla5



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