Brody

A mother with primary physical custody was granted permission to move the child away from the area of father’s residence. The trial court expressly refused to consider a change of custody to father, holding it was not properly before it. Father appealed. We conclude the issue of custody was properly pleaded, and was necessarily an issue to be decided in a hearing following notice of proposed change of residence under Family Code section 3024. We therefore reverse and remand.

Facts

After Michael was bom in 1988, his parents, who never married, entered into a shared custody arrangement. Subsequently, the court ordered joint legal custody with primary physical custody to mother. The order provided Michael “shall have frequent contact with each parent.”

Thereafter, the parents maintained a working coparenting relationship. Aside from more extensive periods during summer, the formal arrangement between the parents provided that Michael stay with father Tuesday and Friday nights and all day Saturday, except on those Saturdays when Michael attended Hebrew school. Actually, father saw Michael as frequently as four or five days a week.

Mother filed an order to show cause,…