SAN FRANCISCO — The California Supreme Court, decreeing a major shift in family law, ruled Monday that a divorced parent who has child custody can move to a new city or state even if the other parent objects.
The parent with primary physical custody, the court held, need not show that the relocation is essential for a new job or other reason, only that it is in good faith. If the other parent wishes to change the custody arrangement because of the move, he or she must prove that the relocation would severely injure the child.
The ruling settles, at least in California law, one of the most wrenching dilemmas in custody disputes: What burden, if any, should be placed on a custodial parent who wants to take the children and move for a new job, a new marriage or a better lifestyle?
By refusing to place any burden on such parents, the Supreme Court has made it extremely difficult for a divorced parent to fight relocation by an ex-spouse with primary custody. Previously, a custodial parent, usually the mother, had to go to court to obtain permission to move and sometimes faced choosing between the move or custody.
"In a move-away case," wrote Justice Stanley Mosk for the court, "a change of custody is not justified simply because the custodial parent has chosen, for any sound, good-faith reason, to reside in a different location. . . ."
Lawyers on both sides of the case, which involved a Southern California couple, predicted that the ruling may put more pressure on divorcing fathers to try to obtain full custody or joint physical custody of their children because of the prospect of losing visiting time.
"Parents will be fighting hopelessly for custody or joint physical custody so they can prevent the effect of this case," said Bakersfield lawyer Edward Quirk Jr., who represented the ex-husband and father of the children. "In cases where the other parent has moved a great distance, you are going to basically miss the whole school year of this kid, baseball . . . education and training. It is going to be tragic, really."
Within four years of separation or divorce, three of four custodial mothers move at least once, with 11.5 million minor children changing homes each year, according to experts. In California, about 58% of mothers retain physical custody of their children.
The Supreme Court decision follows nine California appellate rulings on such cases. In five of those cases, the courts prohibited the move.
