In Re the Marriage of Fingert

Must the the mother of a six-year-old child, who is the primary custodial parent, be required to relocate to the area where the father resides to facilitate his visitation or lose custody? No.

Pamela Fingert (Pamela) and Michael Fingert (Michael) were married on November 13, 1980, and lived in Ventura County. They separated approximately nine months later when Pamela was pregnant. Michael filed a petition for dissolution of the marriage on December 28, 1981. Their son Joshua was born on February 1, 1982. In January 1983 Pamela and Michael executed a marital settlement agreement in which they agreed to joint legal custody, with actual physical custody to Pamela, and reasonable visitation rights to Michael. The interlocutory decree was entered making orders in accordance with the agreement.

During Joshua’s first year of life, he and Pamela lived in Ventura. She decided to relocate to Chicago, Illinois where her family resided. Michael sought and obtained an ex parte restraining order temporarily enjoining Pamela from moving. Pamela changed her plans and relocated to San Diego. The custody order was modified to provide that Pamela was to have physical custody of Joshua…