Family Code section 7501 Applies to what scenario? In move away/ child relocation cases. Child custody.
IT is my understanding of Family Code section 7501 only applies to a custody orders and or a judgment that are final Montenegro orders.
Therefore if there is not a Montenegro custody order you only have to do a best interest test in which case the burden falls on both parents to prove what is the best interest of the child and to whom the child should live with regardless who has soul legal custody.
Then you have to refer to:
Family Code section 3040 which parent is more likely to allow the child frequent and
continuing contact with the noncustodial parent.
1 attorney answer
Yes. It would be treated the same way as it would in an initual custody dispute.
A move-away contest between parents that arises at an initial custody adjudication is governed by the same standards and analysis applicable to any custody dispute. The court has broad discretion, and is to look at all the circumstances bearing on the best interest of the child. This includes the mandatory factors set forth in Family Code section 3011. Marriage of Burgess (1996) 13 C4th 25, 31-32.
Pursuant to Family Code section 3011(a-d) the court must consider the following factors in determining the child’s best interest:
FC 3011(a): The child’s health, safety, and welfare.
Pursuant to Family Code section 3020(a), the legislature has declared that it is the state’s public policy that the health, safety, and welfare of the child must be the primary concern in determining the best interests of the child when making custody or visitation orders.
FC 3011(b): The nature and amount of the child’s contact with both parents.
Family Code 3020(b) provides that children are to have continuing and frequent contact with both parents after the parents have separated and dissolved their marriage. Family Code 3020 subd. (b) may be served in a variety of ways. "Frequent and continuous" is not defined and the code does not specify any particular form of contact. The negative effects of a move away from a noncustodial parent can be ameliorated by a number of means, e.g., increasing the amount of visitation during school vacations and allocating transportation expenses to the custodial parent. Marriage of Biallas, (1998, 4th Dist) 65 Cal App 4th 755.
FC 3011(c): History of Drug or Alcohol Abuse
FC 3011(d): History of Abuse
The court in In re Marriage of La Musga (2004) 32 Cal.4th 1072; 88 P.3d 81 provides eight additional factors for the court to consider in move away cases. These factors are as follows: 1. Stability of Custody Arrangement
2. Distance of the Move
3. The age of the minor children
4. The child’s relationship with both parents
5. Relationship between the parents
6. Wishes of the child
7. Reasons for the move
8. Current co-parenting arrangement
Hope this helps