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In re Marriage of LaMusga

Supreme Court of California · 2004 · Family Law
88 P.3d 81 (2004)
Updated
Family Lawrelocationmove-awaychild custodybest interests of the childdetrimentchanged circumstancesFamily Code section 7501

Facts

After dissolution proceedings, the mother was awarded primary physical custody of the parties' two sons and the father received visitation that was later expanded. Years later, the mother sought to move with the children to Ohio, citing family support there and her new husband's more lucrative job. The father opposed the move and requested primary custody if she relocated, asserting the mother had tried to alienate him and that distance would destroy his relationship with the boys. Court-appointed psychologist Dr. Stahl reported that the boys' relationship with their father was strong but tenuous, that the mother had struggled to support that relationship, and that a long-distance move risked serious regression in the father-child bond.

Issue

When a parent with primary physical custody seeks to relocate with the children, must the noncustodial parent prove that a custody change is essential to prevent detriment, or is it enough to show detriment requiring reevaluation of custody? Also, did the superior court abuse its discretion in ordering custody transferred to the father if the mother moved to Ohio?

Rule

A custodial parent seeking to relocate need not show the move is necessary. In a move-away case involving an existing custody order, the noncustodial parent bears the initial burden of showing that the proposed relocation would cause detriment to the child, thereby requiring reevaluation of custody; if that showing is made, the court must determine whether a change in custody is in the child's best interests. The likely impact of the move on the child's relationship with the noncustodial parent is a relevant factor and, considered with all relevant circumstances, may be sufficient to support a custody change.

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Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.
A California court awarded primary physical custody of eight-year-old Nora to Elena Ruiz, with frequent weekend and midweek visitation for Marcus Ruiz in San Diego. Elena later seeks to move with Nora to Portland, Oregon for her spouse's higher-paying job and family support; Marcus opposes and requests primary custody, offering evidence that Nora's relationship with him is close but fragile and that Elena has repeatedly discouraged phone contact and belittled Marcus in Nora's presence.

What is the most accurate statement of how the court should proceed?

Explanation. When a parent with primary physical custody seeks to relocate under an existing custody order, the custodial parent need not prove the move is necessary. The noncustodial parent bears the initial burden of showing detriment to the child from the proposed move. If that showing is made, the court must reevaluate custody and determine whether a change is in the child's best interests. The noncustodial parent need not prove custody change is strictly 'essential,' and bad faith is not the only route to modification.