The above ruling obviously deals with a case when a custodial parent wanted to move without a necessity and the court found that without compelling evidence it was in the child's best interest to stay, that it was in the primary custodian's right to move.
However, what if both parents are 50/50 physical and legal custody? If one parent decides to move and take the kids, is there one or more cases where the supreme or appellate court has ruled? Are these factors different or the requirements different for the moving parent? Or does Burgess apply to 50/50 cases as well?
Yes, a 50/50 time share usually uses a different burden thatn Burgess.
In In re Marriage of McGinnis (1992) 7 Cal.App 4th 473 held “move away cases where a shared parenting arrangement is working, an order changing custody should be made only after adequate notice, a meaningful mediation, and the parents have been given the opportunity for an outside evaluation.”
Take a look at McGinnis.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
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