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Question

Family Code section 7501 Applies to what scenario? In move away/ child relocation cases. Child custody.

In a move away case

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.

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