Navarro v. Lamusga

Opinion

MORENO, J.

In In re Marriage of Burgess (1996) 13 Cal.4th 25, 28-29 [51 Cal.Rptr.2d 444, 913 P.2d 473], we held that a parent seeking to relocate after dissolution of marriage is not required to establish that the move is “necessary” in order to be awarded physical custody of a minor child. Similarly, a parent who has been awarded physical custody of a child under an existing custody order also is not required to show that a proposed move is “necessary” and instead “ ‘has the right to change the residence of the child, subject to the power of the court to restrain a removal that would…