In Re Marriage of Burgess

Opinion

MOSK, J.

This matter requires us to determine whether a parent seeking to relocate after dissolution of marriage is required to establish that the move is “necessary” before he or she can be awarded physical custody of minor children. In this case, a parent with temporary physical custody of two minor children sought a judicial determination of permanent custody and expressed the intention to relocate with the children from Tehachapi to Lancaster, California, a distance of approximately 40 miles. The trial court ordered that it was in the “best interest” of the minor children to remain…